Daimler AG rückt immer mehr in den Fokus

The Stuttgart Regional Court convicted the Daimler Group in two proceedings conducted by us, each time requiring payment of damages and the return of the vehicles.

The first trial involved a Mercedes-Benz GLK 220 with the emission class Euro 5 from 2015. The plaintiff had the car with the engine OM651 in July 2016 for € 34,700 and drove almost 52,000 km with it (judgment of October 13, 2021, case number 20 O 133/20). Now Daimler AG has to pay him almost € 27,000 and take the car back. Daimler AG asked our client for the first time in March 2019 to voluntary software update (promotion code 54 961 27) to play.

We carried out the second procedure for the driver of a Mercedes-Benz B 200 CDI, emission class 5 and year of manufacture 2010. The car is equipped with a OM640 engine Here, the Daimler Group was ordered to pay € 9,872 and also to take back the car. Our client had bought the car used in 2013 for € 17,400 and drove it almost 85,000 km (LG Stuttgart dated October 21, 2021, ref. 20 O 417/21).

In its reasoning, the court assumed that the vehicles did not comply with the European legal requirements of Regulation (EC) No. 715/2007, according to which they must not exceed the legally defined limit values under normal operating conditions.

The Chamber further states that the Daimler AG produced and placed both vehicles on the market without the necessary prerequisite being met, namely that the nitrogen oxide emissions in real driving under normal operating conditions and not only comply with the limit values on the test bench.
The continued existence of the so-called EC type approval depends to a large extent on compliance with this requirement. If the approval is revoked, however, every owner faces the risk of having their vehicle taken out of service, which could lead to a massive loss in value.

Negligent violation by Daimler AG

Daimler AG would at least be negligent in its responsibility for this violation.

Finally, in accordance with common practice, given the importance of European regulations and the high level of environmental protection, but also in order to provide consumers with correct information, Daimler would have had to study Regulation (EC) No. 715/2007 and its legal framework in detail. The court found that Daimler's reliance on the idea that passing the bench tests was enough did not meet this high standard of care.

Rogert & Ulbrich recommends

We are the pioneers in the diesel emissions scandal – also against Daimler AG. We can also say that we are the first law firm in Germany to positive decision before the Federal Court of Justice in a Daimler case. This is not only an enormous success for us as a law firm, but above all an incredible success for every affected and injured vehicle owner. We recommend that you let your claims Check with us free of charge and without obligation.