Mercedes-Abgasskandal: Erneut positive BGH-Entscheidung

The Federal Court of Justice (BGH) has anew positive for a plaintiff represented by us. This is not the first case we have conducted that has been referred back by the Federal Court of Justice to the competent lower court for further review (BGH ruling of 13 July 2021, Ref. No.: VI ZR 128/20). This time, too, the Federal Court of Justice ruled that the case had to be referred back to the Court of Appeal for a new decision (Federal Court of Justice decision of 23 February 2022, Ref. VII ZR 602/21). Specifically, the case concerns a used Mercedes Benz E 350 D Avantgarde Night EU6 (emission class Euro 6), which was purchased for € 69,900. The vehicle is equipped with a diesel engine of the Type OM 642 equipped.

Both the Kiel Regional Court and the Schleswig-Holstein Higher Regional Court initially did not award damages to the plaintiff represented by us. However, the Federal Court of Justice criticizes the factual submissions of the plaintiff, Exhaust gas purification The driver's vehicle's performance is controlled by a software function that detects whether the vehicle is on the test bench and, in this case, activates a coolant target temperature control (CTC). When a CTC is activated, nitrogen oxide emissions are reduced to the permissible level.

Test bench detection software as a starting point for immoral behavior

The BGH makes it clear that the use of such Software, which detects whether the vehicle is on the test bench and then reduces nitrogen oxide emissions, can be considered a starting point for the assumption of immoral behavior by Daimler AG. This is because nitrogen oxide emissions are only minimized on the test bench and not in real driving conditions on the roads. There, the legal limit of 180 mg/km is significantly exceeded. The KSR keeps the coolant circuit artificially colder and delays the warming up of the engine oil. This results in significantly lower NOx formation and compliance with the limit values on the test bench. However, if the engine is started without the test bench detection software, the KSR does not intervene. The result: The coolant and engine oil heat up more quickly and nitrogen oxide emissions are higher.

This software function is initially only available on one Mercedes GLK 220 CDI with the OM 651 diesel engine detected. However, it is now known that this defeat device has also been installed in Mercedes C-, E-, and S-Class vehicles with the OM 642 diesel engines. In June 2019, the Federal Motor Transport Authority (KBA) had already issued an official recall for around 60,000 GLK 220 CDI vehicles with the Euro 5 standard. The KBA now assumes that more than 700,000 affected vehicles out of.

If you drive a Mercedes, then act now!

If you are the owner of an affected vehicle with engine type OM651, you should nowchance of possible compensationThe law firm Rogert & Ulbrich was the first law firm in Germany to be able topositive decisionbefore the Federal Court of Justice in a Daimler case. Please contact us and let usyour demandscheck without obligation and free of charge.