Autokäufer erhält mehr Schadensersatz als er bezahlt hat

Emissions scandal verdict against Daimler.

Illegal switch-off devices in diesel vehicles are an intentional, immoral act. Affected car buyers are therefore entitled to compensation. The Bonn Regional Court also followed this legal opinion of the Federal Court of Justice: Daimler must pay the buyer of a Mercedes almost 59,000 euros in compensation - more than the injured party had originally paid for the SUV. A success for the car buyer - and for Rogert & Ulbrich.

When it comes to the development illegal defeat devices When it comes to cars, car manufacturers are showing amazing creativity. This is demonstrated, for example, by the case of a Mercedes Benz GLK 220 CDI 4matic Blue Efficiency with an OM 651 diesel engine, which a car buyer purchased in 2012 for around 55,500 euros.

“Coolant setpoint temperature control” only works on the test bench

The off-road vehicle's control software activates a so-called "coolant setpoint temperature control" that further cools the coolant circuit, delays the heating of the engine oil and thus reduces nitrogen oxide emissions. The vehicle is clean, the NO_xLimit values are complied with. However, only on the test bench. On the road, the function is deactivated and the diesel becomes a polluter. Mercedes models with OM 651 and OM 642 engines are affected, as are the GLK 220 CDI 4Matic and models from the C, E and S classes.

KBA orders recall of 60,000 off-road vehicles

For Daimler This software manipulation is completely legal. Not so for the Federal Motor Transport Authority (KBA), which discovered this variant of "switching logic" - the euphemism that car manufacturers like to use to cover up their fraudulent software - back in 2018 and initially ordered a recall for 60,000 GLK 220 CDIs. Another mass recall for Euro 5 diesels followed in 2019.

Daimler fails to provide arguments

The buyer of the GLK 220 CDI 4matic Blue Efficiency, represented by Rogert & Ulbrich, also presented an extract from the KBA's recall database to the Bonn Regional Court as evidence of the existence of illegal shutdown software in the form of a "coolant setpoint temperature control". Daimler countered this specific statement with the claim that no such shutdown device had been installed in the vehicle. This was not enough for the judges of the 1st Civil Division of the Bonn Regional Court.

Plaintiff receives damages plus tortious interest, less compensation for use

They considered the manipulation software to be immoral; the buyer had already suffered damage upon conclusion of the purchase contract. Their verdict (20.05.2020, Az. 1 O 195/19): Daimler must take the vehicle back and pay the plaintiff almost 47,000 euros in damages, plus tortious interest of almost 12,000 euros. This means that the injured party receives around 4,000 euros more than he paid for the diesel at the time. However, in accordance with the BGH decision, the court deducted compensation for use of around 8,500 euros for the approximately 54,000 kilometers driven.

"We welcome the ruling, which we had expected in this form after the BGH decision. It is particularly pleasing that the court also awarded the injured party tort interest of 4 percent. Numerous regional courts and higher regional courts have already recognized this claim. However, a supreme court decision on this is still pending. We firmly expect that the BGH will also take a consumer-friendly legal view on this point in July, which will encourage other injured parties to assert their legitimate claims."

Partner Dr. Marco Rogert