emissions scandal
Mercedes Benz
Get advice from the pioneers in the diesel emissions scandal.
Breaking news: The Federal Motor Transport Authority (KBA) has ordered mandatory recalls for over 100,000 Mercedes-Benz vehicles of emission classes 5 and 6b at the turn of the year 2023/24, reports the "Mirror".
Did you receive a reply? We recommend that you do not install the software update. First, use the telephone legal advice from our R&U lawyers and find out what options you have. Because you have a right to compensation.
The Federal Court of Justice (BGH) On June 26, 2023, the Federal Court of Justice ruled in a consumer-friendly manner that car buyers whose diesel vehicles are equipped with inadmissible switch-off devices such as the so-called thermal window are entitled to compensation, even if the car manufacturers acted negligently and not fraudulently. The Federal Court of Justice is thus following the ruling of the European Court of Justice from March 2023.
Daimler uses software in some of the vehicles of its premium brand Mercedes-Benz that regulates the exhaust gas purification, which helps to reduce nitrogen oxide emissions, within a certain temperature range.
You too can benefit from the competence and assertiveness of R&U lawyers. We check in our initial telephone consultationwhether your vehicle is affected by the emissions scandal and develop a tailor-made solution for you. Make an appointment now to find out more without any obligation.
Get advice on the Mercedes-Benz emissions scandal now without obligation!
SPIEGEL online | 20.12.2023:
Mercedes has to recall over 100,000
The Federal Motor Transport Authority has ordered Mercedes-Benz to recall over 100,000 diesel cars due to manipulation of the exhaust gas purification system. The models affected are those in emission classes 5 and 6b. Those affected are entitled to compensation.
defeat devices in Daimler engines
Illegal defeat devices can be found in numerous Mercedes vehicles of the entire model range of Euro emission standards 5 and 6 from 2008 onwards. In addition to the engine installed in many diesel models OM 651 are the engines OM 622, OM 626, OM 640, OM 642 and OM 607 affected. Since 2018, recalls for other Mercedes models have been carried out annually.
2018 The Federal Motor Transport Authority (KBA) began issuing mandatory recalls for manipulated van models of the V-Class Vito, Vito Tourer and Marco Polo. Two luxury SUVs are also affected: GLC 220 d 4MATIC & GLC 250 d 4MATIC.
2019 The diesel emissions scandal spread to 10 other model series: C, E, GL, GLE, GLK, GLS, ML, S, SLC, SLK.
2020 Further recalls will follow for the C & E class sedans and for the GLK SUV. The Sprinter van, which has sold millions of units, is also affected. In addition, other model years of the Vito, Vito Tourer and Marco Polo vans are being added.
2021 Models of the A, B, G and S series as well as other models of the Sprinter & Vitos are being recalled.
Also 2022 The mandatory recalls continue, including vehicles from the A, B, CLA & GLA model series.
In December 2023 Mandatory recalls for over 100,000 Mercedes vehicles of the Euro 5 & 6b standard have been announced, according to media reports.
There are currently acute suspected cases involving other diesel and petrol vehicles. The Mercedes emissions scandal is far from over. If you have received a recall letter from the KBA or Daimler AG, we recommend that you seek advice from experienced R&U lawyers. Find out how much compensation you are entitled to during your initial consultation.
The manufacturer logos used serve solely to improve the visual identification of the vehicles with the corresponding brand. The logos belong to the respective automobile manufacturer.
Current recall measures*
- A-Class 5497514, 5497524, 5496147, 5498950
- B-Class 5497524, 5496147, 5498950
- CLA-Class 5496147, 5498950
- G-Class 5498929
- GLA-Class 5498950
- S-Class 5497507
- sprinter NC3I6515R/0797186, NC3II6515R/0797184
- Vito & Viano NC2II6515R/0797185
We recommend not installing software updates that supposedly improve NOx or emission values. Engine control with the same hardware is basically a kind of "compromise" between many components, including exhaust emissions, performance, handling, consumption and durability of individual vehicle parts. It is therefore not possible to improve the exhaust emissions without accepting a deterioration in other areas.
Consequential damage in the form of faster wear and tear of vehicle hardware or loss of performance is therefore unavoidable when software updates are installed on the engine control unit.
*all information according to our knowledge
FOCUS online | 27.06.2023:
Federal Court of Justice eases diesel lawsuits:
The recent BGH ruling of June 26, 2023 has far-reaching implications for claims for damages in the diesel emissions scandal. Car buyers can now demand compensation even if the car manufacturers did not intentionally defraud but acted negligently. The court is overturning its previous case law and following the decision of the European Court of Justice of March 21, 2023. The ruling affects over 100,000 cases across Germany.
How are Mercedes-Benz vehicles manipulated?
In the emissions scandal, Daimler is accused of using several types of illegal switch-off devices to manipulate emissions. These reduce nitrogen oxide emissions during test operation. In normal operation, however, the emissions values are far above the legal norm.
types of defeat devices
coolant target temperature control
With the coolant target temperature control, a software function activates a special temperature control that keeps the coolant circuit artificially colder and delays the warming up of the engine oil. This is the only way that the nitrogen oxide values on the test bench remain below the legally prescribed limits. In real driving conditions, however, this function is deactivated and the legal limit of 180 mg/km is significantly exceeded. The software function was discovered, among other things, during emissions measurements on a Mercedes GLK 220 CDI with the OM 651 diesel engine and Euro 5 standard.
Bit 15 software
The engine control function Bit 15 also regulates the treatment of exhaust gases. According to investigations into the emissions scandal, the emissions regulated by Bit 15 are stopped after 26 km. After that, the exhaust gas purification is switched off and the emission of nitrogen oxides increases significantly.
thermal window
The thermal window regulates the exhaust gas purification depending on the outside temperature. If the temperature falls below the specified value, usually around 15°C, the exhaust gas purification is switched off. This means that the affected diesel vehicles emit more exhaust gases than legally required most of the time. The thermal windows are installed in many Mercedes models. Up to 700,000 diesel vehicles in the Euro 5 and Euro 6 emission classes could be affected.
slipguard
Slipguard is another software function that can be used to manipulate emissions values. The software detects the speed and acceleration values. From this, it determines whether the car is in traffic or on the test bench and adjusts the pollutant emissions.
What is the legal situation?
"Now Daimler is also threatened with a diesel debacle. It is high time that the perfidious procedural strategy and the clean-cut image were put to rest. The company relies on diesel for many of its diesel cars. thermal windowwhich are intended to conceal the emission values. Hundreds of thousands of vehicles have already been recalled as a result. These illegal switch-off devices are a clear fraud against customers. We advise affected customers to have their individual claims examined by an R&U lawyer."
Lawyer & Partner
Dr. Marco Rogert
Software updates:
Possible consequential damage to vehicles and consumers
After the diesel scandal became known in 2015, the Federal Motor Transport Authority (KBA) issued instructions to various manufacturers to remove the prohibited functions. In response, hundreds of thousands of car owners were asked by the manufacturers to have an update carried out on their vehicles, which included, among other things, revised engine control software.
In general, we recommend not installing software updates that supposedly improve NOx or emission values. Engine control with the same hardware is basically a kind of "compromise" between many components, including exhaust emissions, performance, handling, consumption and durability of individual vehicle parts. It is therefore not possible to improve the exhaust emissions without accepting a deterioration in other areas.
Consequential damages are therefore possible:
- Shorter service life, faster wear and changed engine behavior
- Increasing fuel and AdBlue consumption
- Increased susceptibility to repair of engine components & increasing problems with exhaust gas purification
- Loss of performance and reduced smoothness of the engine
- Lack of warranty for consequential damages on the part of the manufacturer
- Time & effort of the workshop stay (usually without being provided with a replacement vehicle)
What compensation options are available to affected diesel drivers?
If your vehicle has been tampered with and has an illegal switch-off device, you are entitled to compensation. Which litigation strategy gives you the best chances and the greatest compensation depends on various factors. That is why you should seek detailed legal advice from the R&U law firm about your options. With more than 15,000 lawsuits filed, we have the experience to achieve the best result for you.
'Major' compensation | Rescission | Return the car
§ 826 BGB
Reversing the purchase agreement allows you to return the vehicle to the manufacturer and get the purchase price refunded. Only a so-called usage fee for the kilometers you have driven will be deducted from this. The judge will take into account the current mileage at the time of the court hearing, although the maximum mileage of your vehicle can be estimated differently from court to court. For this procedure, proof of intentional, immoral damage must be provided.
It’s worth being quick:
The fewer kilometers you have driven and the sooner the hearing takes place, the higher your compensation will be.
By the way: If you have financed your vehicle, you can also claim back the financing costs incurred from the manufacturer.
Difference compensation | Vehicle has already been sold | Reduced value higher than 15%
§ 826 BGB
The difference in damages determines the sum between the actual value of a vehicle and the value it would have had without the fraudulent manipulation. Car owners can make this claim to compensate for the loss in value of their vehicle. In this case, it is sufficient to prove that the manufacturer acted negligently.
'Small Damages' | Diminished Value
§ 823 BGB
The 'small compensation' - also called 'diminished value' - is calculated from the value that the vehicle would have if no illegal defeat device had been installed, compared to the value with the defeat device installed and non-compliance with environmental standards. In our experience, car owners receive up to 25% of the purchase price as compensation and keep their vehicle.
Lump sum compensation
The lump sum compensation, as decided by the Federal Court of Justice (BGH) in June 2023 (VIa ZR: 335/21, 533/21, 1031/22) refers to a compensation range of 51% to 151% of the purchase price. This compensation is also granted without expensive expert reports. The car owner keeps his vehicle and the kilometers driven are not deducted from the compensation. This lump sum compensation compensates for your financial loss without the need for expensive expert reports.
Calculate the amount of your refund now*
Compensation
€ 26.840,-
Purchase price:
€ 33.000,-
Compensation for use:
– € 6.16,-
remaining claim:
€ 26.840,-
* Calculation of the refund based on an expected (maximum) total mileage of your vehicle of 300,000 kilometers. This assessment may be judged differently by the courts.
More than
40.000
mandates assumed
Over
25.000
filed lawsuits
Does your vehicle have an unauthorized switch-off device?
Since 2016, the German Environmental Aid (DUH) has operated an Emissions Control Institute (EKI), which carries out independent exhaust gas measurements to determine whether vehicles comply with the permissible NOx limits or have illegal defeat devices (AE).
Find out whether your vehicle was equipped with illegal defeat devices according to the DUH investigations and whether you are entitled to compensation from the manufacturer.
Affected vehicles
Would you like to know whether your vehicle is also affected?
We have compiled the most important information for you.
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*The manufacturer logos used serve solely to improve the visual identification of the vehicles with the corresponding brand. The logos belong to the respective automobile manufacturer.
Current news & rulings on the Daimler emissions scandal:
Questions about the emissions scandal
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