Since July, the Federal Motor Transport Authority (KBA) has been demanding clarification from Mercedes-Benz regarding critical and allegedly illegal defeat devices in the OM642 V6 diesel engine. The KBA has identified three defeat devices and classified them as "critical or illegal."
Engine OM642: KBA criticizes 3 defeat devices
One of the defeat devices limits the function of the emission control system to a specific temperature range, known as the "thermal window," which has been declared illegal by the European Court of Justice. Another defeat device causes different amounts of the urea solution AdBlue to be injected into the emission control system depending on specific driving conditions. A third defeat device makes the effectiveness of the SCR catalyst dependent on the temperature of the intake air during emission control.
E-Class sedans particularly affected
This specific case involves a Mercedes E-Class 350 Blue TEC sedan with a Euro 6 diesel engine. According to the German Federal Motor Transport Authority (KBA), the model has been undergoing a voluntary software update program by the manufacturer since 2019. Vehicle manufacturers have offered voluntary service programs in the past, but these became mandatory after some time.
The responsible authority can then enforce the compulsory decommissioning of your vehicle. If this is not done, there is a risk, in the worst case, that the affected vehicles will be banned from operation and decommissioned.
The exact number of affected vehicles with the OM642 engine type is still unclear. However, the E-Class is one of the group's best-selling models in Germany. The automaker was supposed to notify the KBA of "suitable remedial measures" by July 27. However, the company has requested an extension.
The Rogert & Ulbrich law firm, considered pioneers in the emissions scandal, knows that the OM642 engine is not only installed in the E-Class. Your Mercedes could therefore also be affected.
BGH strengthens consumer rights
According to the Federal Court of Justice's ruling from June 2023, there are good prospects for compensation, as all manufacturers can already be held liable for the installation of illegal "thermal windows", even if there is only negligence and no intent. (File number VIa ZR 1031/22).
Financial disaster for Mercedes-Benz
The diesel scandal has already cost the automaker dearly. In 2019, the Stuttgart public prosecutor's office imposed a record fine of €870 million. Out-of-court settlements in the US cost approximately €1.3 billion. In addition, €590 million was paid in the US and €175 million in Canada to settle class action lawsuits.
Therefore, according to its own annual reports, Mercedes-Benz Group AG, formerly Daimler AG, is making massive provisions for liability and litigation risks as well as regulatory proceedings:
- €2.1 billion in 2018 (Annual Report, page 88)
- €4.9 billion in 2019 (Annual Report, page 88)
- €4.6 billion in 2020 (Annual Report, page 67)
- €2.6 billion in 2021 (Annual Report, page 83)
- €2.8 billion in 2022 (Annual Report, page 77)
Publication of all exhaust gas measurements required
The law firm Rogert & Ulbrich joins the appeal of the German Environmental Aid (DUH) and demands that the Federal Ministry of Transport publish all exhaust gas measurements and documents on “officially identified defeat devices” in order to help the approximately 10 million owners of fraudulent diesel vehicles.
Publication of all exhaust gas measurements required
On September 21, 2023, the model declaratory action against Mercedes-Benz Group AG will enter the next round. The German Consumer Organization (vzbv) is suing on behalf of thousands of injured Mercedes-Benz owners who own a model with the OM651 engine type.
Rogert & Ulbrich recommends
We will check for you free of charge whether your Mercedes model is affected by the diesel emissions scandal and calculate the amount of your compensation claim. Contact us by phone without obligation. We advise you free of charge and without obligation.
