The Federal Court of Justice rules against Daimler AG for the first time

A new ruling by the Federal Court of Justice dated July 13, 2021 (VI ZR 128/20) sheds new light on the allegation that the Daimler Group installed illegal defeat devices. For the first time, the Federal Court of Justice did not dismiss the lawsuit, but decided that the Koblenz Higher Regional Court should deal with the case again.

BGH decision on thermal windows

Specifically, the case concerns a Mercedes-Benz C 220 CDI BlueEfficiency with a diesel engine of the series OM651The vehicle in question is fitted with the so-called "thermal window", which reduces exhaust gas recirculation at cooler temperatures. In addition, other shutdown devices are installed that influence emissions behavior. The Federal Court of Justice stated that a thermal window alone would not be sufficient to confirm compensation. However, the Federal Court of Justice stated that it must be examined whether other manipulative exhaust gas purification functions were installed that would justify a claim for compensation. Another milestone in the Mercedes emissions scandal.

Pioneer in the diesel emissions scandal – also against Daimler

We are a renowned commercial law firm with special expertise in consumer protection and a pioneer in the emissions scandal. We can also say that we are the first law firm in Germany to obtain a 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 claims to have it checked by us free of charge and without obligation.

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