Once again, the Regional Court (LG) of Stuttgart sentenced Daimler AG to pay damages (Judgment October 29, 2021, Ref. 14 O 72/21The case concerned a used Mercedes Benz of the type C 220 d 4MATIC. The regional court ordered Daimler AG to pay €29,566 against return of the vehicle. The vehicle was purchased second-hand for a purchase price of €38,000 in September 2017 and the owner drove it 68,569 km.
For the named vehicle, a software update as part of a voluntary service measure. The regional court sees tangible evidence of an impermissible shutdown device in a voluntary service measure. After all, it is a mere change to the control system using the existing components without changing the hardware. From today's perspective, such an update was not necessary.
Mercedes-Benz: NOx emissions optimization only on the test bench
The exhaust gas recirculation in the vehicle in question is controlled, among other things, depending on the temperature. According to the regional court, the engine control function, which only optimizes NOx emissions on the test bench through test bench-related control, represents an inadmissible switch-off device. With a function that only works on the test bench, the plaintiff's disadvantage is that the vehicle is threatened with recall and decommissioning. Even a later update by Mercedes cannot change this, so the plaintiff already suffered damage when he bought the vehicle. The vehicle does not comply with the European legal requirements according to Article 5 Paragraph 1 of Regulation (EC) 715/2007 (Vehicle Emissions Regulation). This is because according to this regulation, the NOx emission values must be complied with even under normal operating conditions.
For Mercedes-Benz drivers the chances are increasing enormously!
More and more courts are ordering Daimler AG to pay damages. This fact increases the chances for all Daimler drivers enormously. We therefore recommend that you let your claims Check with us free of charge and without obligation.
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