Mercedes-Abgasskandal: Zeichen aus Köln – Daimler verurteilt

The Cologne Regional Court ordered the Daimler Group to withdraw a Mercedes Benz ML 250 Bluetec 4Matic (engine type OM651) and to repay the purchase price of around € 26.400,00 (Judgment of the Cologne Regional Court of January 10, 2022, case number 19 O 11/21).

In its reasoning, the court found that Mercedes-Benz AG, on the basis of a fundamental strategic decision made for its group in engine development in its own interest in terms of costs and thus profit, had systematically and deliberately deceived the Federal Motor Transport Authority over many years with regard to the diesel engine of the OM 651 series.

The engine control software of this model was deliberately programmed in such a way that the legal emission limits were only complied with on the test bench by means of an inadmissible switch-off device.

During the proceedings, Daimler failed to refute the arguments put forward by the plaintiff as to whether and why the contested illegal switch-off devices were necessary for reasons of engine protection.

Immoral behavior

The argument that the engine control of the vehicle in question contains a so-called thermal window is not sufficient in itself to justify compensation. However, objectively immoral conduct on the part of the Daimler Group is evident from the plaintiff's further argument that the Federal Motor Transport Authority has now identified other illegal functions in addition to the thermal window. These are the coolant setpoint temperature control and the other modifications to the engine control, which reduce the rate of exhaust gas recirculation outside the NEDC test cycle, which leads to increased nitrogen oxide emissions.

The court is convinced that the defeat devices mentioned by the plaintiff are to be qualified as test bench recognition software.

What can you do?

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.