The ruling is not yet final, as Mercedes-Benz has announced that it will appeal the decision. Affected consumers can successfully assert their claims for damages if the ruling is upheld by the Federal Court of Justice in Karlsruhe.

background the lawsuit

The consumer protection agency's lawsuit focuses on vehicles with a specific engine type that were manufactured between 2012 and 2016 and were later affected by a recall notice from the Federal Motor Transport Authority (KBA).

The model declaratory action was filed in 2021, and the proceedings began in July 2022. 2,848 consumers joined the model declaratory action. However, the proceedings experienced several delays due to the pending outcome of important decisions from the European Court of Justice (ECJ) and the Federal Court of Justice (BGH). These decisions were crucial for the course and structure of the proceedings, which is why the proceedings were postponed several times pending the outcome of these supreme court rulings.

ECJ sensational ruling in favor of consumers

The European Court of Justice (ECJ) ruled in favor of consumer rights in its judgment (C-100/21) of March 21, 2023. According to the ruling, consumers can assert claims for damages even if the manufacturer acted only negligently and not intentionally. Furthermore, the ECJ ruled that the thermal window is unlawful.

BGH follows the consumer-friendly case law of the ECJ

In its judgment of June 26, 2023 (VIa ZR 335/21), the Federal Court of Justice (BGH) followed the ECJ's legal opinion. The BGH confirms that consumers are entitled to compensation even without proof of intent or immorality.

Immorality or negligence?

If a court finds the vehicle to be immoral, car buyers have the option of returning the vehicle to the manufacturer. In this case, they will receive a refund of the purchase price less the vehicle's previous use.

In cases of negligent action on the part of the manufacturer, the difference in damages applies: Under certain conditions, buyers can receive up to 15 percent of the purchase price back without having to return their vehicle. This regulation allows buyers to receive financial compensation for the damage they suffered without having to abandon the vehicle.

Partial success but no direct award of damages

With its recent ruling, the Stuttgart Higher Regional Court confirmed the view of the Federal Motor Transport Authority (KBA) that illegal defeat devices are installed in the affected Euro 6 and Euro 5 models. However, the Stuttgart court also dismissed some parts of the lawsuit. It found that the accused employees knowingly accepted that the vehicles were equipped with illegal systems. However, the court could not establish any intentional action on the part of the automaker, as alleged by the German Consumer Organization (vzbv). Likewise, the court did not support the consumer advocates' claim that members of the Mercedes-Benz board of directors had ordered or approved the use of the identified illegal defeat devices.

Furthermore, the Stuttgart court emphasized that its ruling does not directly order Mercedes to pay specific damages. Rather, consumers' claims must be asserted in individual lawsuits. The chances of success for individual lawsuits involving the affected vehicles have increased significantly as a result of the Higher Regional Court's ruling.

Rogert & Ulbrich recommends

We will be happy to check for you free of charge whether your Mercedes model is affected by the diesel emissions scandal and calculate the possible amount of your claim for damages. You can contact us by phone, and our advice is completely non-binding. We are happy to assist you in this complex legal area and answer your questions.

Der Beitrag Musterfeststellungsklage gegen Mercedes-Benz: Verbraucherschützer erzielen Teilerfolg erschien zuerst auf R&U.

In a current legal dispute, a dispute has arisen over the warm-up function of an Audi SQ5 (EU 5). In its advisory decision, the Higher Regional Court (OLG) of Frankfurt am Main has now determined that the R&U lawyers have presented sufficient evidence that the vehicle has a warm-up function and that this is an inadmissible switch-off device.

Evidence of Audi's warm-up function

The Rogert & Ulbrich law firm bases its argument on a dealer information that Audi itself issued in 2019. According to this, this so-called warm-up function exists so that the oxidation catalyst quickly reaches its working temperature after the engine has started. However, this function is almost only active on the test bench and is throttled during real driving, according to the R&U lawyers. It is undisputed that the Federal Motor Transport Authority (KBA) issued a decision in 2019 stating that this is an inadmissible switch-off device.

Audi does not deny the warm-up function

Interestingly, Audi does not deny that this dealer information also applies to the specific vehicle in question, the Audi SQ5 (EU 5). However, the automobile manufacturer argues that the warm-up function described is not an illegal switch-off device, as it allegedly does not affect the legal limits for emissions. However, Audi does not question the existence of this illegal switch-off device.

Does the warm-up function affect the permissible limits?

The actual effect on the emission limits is irrelevant, according to the Frankfurt Higher Regional Court, as long as part of this warm-up function contributes to reducing emissions. According to the advisory decision, there may not be any immoral damage in accordance with Section 826 of the German Civil Code, as the installation was not intended to deceive people about compliance with the limits.

Frankfurt Higher Regional Court proposes settlement

The court proposes a settlement to the parties, whereby Audi should pay the client of the Rogert & Ulbrich law firm an amount calculated according to the now standard formulas. If no settlement is reached, both parties have the opportunity to comment within four weeks. It remains to be seen how Audi will respond.

R&U Rechtsanwälte recommend

The case clearly shows that the issue of the “emissions scandal” has still not been fully resolved. Let our experienced lawyers examine your case and determine whether you are also affected by the diesel emissions scandal and are entitled to compensation. Benefit from our many years of experience as a pioneering law firm in the diesel complex.

Der Beitrag Dieselgate: Neue Entwicklungen im Audi Abgasskandal erschien zuerst auf R&U.

Mercedes-Benz diesel vehicles have been subject to mandatory recalls since 2018 on the instructions of the Federal Motor Transport Authority (KBA). New recall notices have been issued for the Mercedes Vito and Viano models since September 2023 (recall code NC2II6515R / 0797185). Now AUDI is also facing the next wave of recalls for the 3-liter/six-cylinder VTDi engines.

Recall letters often entitle you to compensation

Mandatory recalls as part of the diesel emissions scandal are forcing software updates to fix illegal emissions control switch-off devices. Millions of diesel vehicles are affected, and there are significant claims for damages from deceived customers.

What you should do now

If you have received a letter from the KBA or the vehicle manufacturer informing you that your vehicle requires a software update, contact the Rogert & Ulbrich law firm immediately, which specializes in the diesel emissions scandal. During the free initial telephone consultation, you will immediately find out how much compensation you are entitled to. Take your chance and benefit from the many years of expertise of our specialized lawyers to secure your compensation. 

Please note that you should not install the software update initially so that your claim for compensation is not voided.

AUDI – group-wide manipulation of vehicles

Vehicles from all group brands, including VW, AUDI, Skoda, Seat and Porsche, are affected by the emissions scandal and use a variety of engines. This includes the large-engined V6 engines that were installed in AUDI vehicles from the A and Q series, among others. Now the KBA is threatening further mandatory recalls for these 3-liter engines.

Mercedes Dieselgate 2.0

The Mercedes emissions scandal affects numerous diesel vehicles across Europe, including models of the A, B, C, E, G and S classes as well as off-road vehicles. Transporters such as the Sprinter and vans such as the Vito and Viano are also affected.

Since September 2023, the Federal Motor Transport Authority (KBA) has ordered new mandatory recalls for the Mercedes van models Viano and Vito. The recall code is NC2II6515R / 0797185.

ECJ & BGH strengthen rights of millions of affected people

In July 2022, the European Court of Justice (ECJ) ruled that temperature-controlled defeat devices (often popularly called "thermo windows") are illegal if they result in the exhaust gas purification not working properly for more than half of the year. In March 2023, the ECJ also ruled that buyers of vehicles with illegal defeat devices can in principle receive compensation even if the manufacturers did not act immorally but negligently violated the EU Vehicle Registration Regulation. With the groundbreaking ruling, the ECJ forced a U-turn by the Federal Court of Justice (case number: C-100/21). Consumers are therefore entitled to compensation even if the manufacturers of diesel engines acted negligently. Previously, it was necessary to prove that the manufacturers acted intentionally. This is no longer necessary and simplifies the proof.

Get compensation for the difference and keep the car

The European case law of the ECJ forced the Federal Court of Justice (BGH) to make a fundamental change in its case law in the diesel emissions scandal on June 26, 2023. The BGH has introduced so-called differential compensation, which makes it easier than ever for consumers to claim compensation in the emissions scandal. Drivers of a diesel vehicle with a "thermal window" are entitled to compensation of 5 to 15 percent of the purchase price in accordance with Section 823 (2) of the German Civil Code (BGB). In contrast to reversing the purchase contract and returning the manipulated vehicle to the manufacturer, in the case of differential compensation, vehicle owners can keep their car and receive financial compensation for the loss in value of their vehicle.

Who bears the costs of the recall?

The manufacturers cover the repair costs as part of recall campaigns, but there is no entitlement to reimbursement for the time invested or a replacement vehicle. The software updates often lead to increased wear and tear on the engine. Unless you assert your claims, these damages will not be compensated.

Who informs the vehicle owner in the event of a recall?

Vehicle owners are informed by post about upcoming recalls, either by the manufacturer or the KBA.

Which shutdown devices are used?

Various shutdown devices, such as the "thermal window", the coolant target temperature control (KSR) and SCR catalysts modified for AdBlue injection are often used in manipulated diesel vehicles. These shutdown devices often lead to problems with exhaust gas purification and result in violations of applicable emissions standards.

What are “thermo windows”?

These shutdown devices mean that, for example, exhaust gas purification is restricted or switched off at temperatures below 15 degrees, which are typical in Germany.

How does the coolant target temperature control (KSR)?

After a long period of downtime, the coolant target temperature control (KSR) ensures that the coolant is heated more slowly and thus fewer pollutants are produced. However, the KSR solution works almost exclusively on the test bench. It is not an industry standard and was kept secret from the Federal Motor Transport Authority by Mercedes. It is estimated that around 3 million Mercedes vehicles are equipped with the KSR software. 

How does the SCR catalyst work?

The SCR catalytic converter (Selective Catalytic Reduction) treats exhaust gases with the help of AdBlue and converts toxic nitrogen oxides (NOx) into water vapor and nitrogen. However, this catalytic converter has an illegal switch-off device to reduce AdBlue consumption. Different operating strategies for the SCR catalytic converter are legally illegal, which differentiate between the test bench and the exhaust gas measurement carried out there and normal road use. In reality, the exhaust gas recirculation rate is throttled and the vehicle's AdBlue dosage is reduced. This leads to the legal limits being exceeded in road use.

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It's worth being quick. The fewer kilometers you have driven and the sooner the hearing, the more you will get paid back. This also means you avoid the risk of your claims becoming time-barred. Don't miss out and act now. As leading lawyers in the emissions scandal, we are at your side with all questions about your claim for compensation and will examine your individual claims. Find out how high your claims are and how you can assert your claims for compensation in just a few seconds. We advise you free of charge and without obligation.

Der Beitrag Abgasskandal: KBA versendet seit September 2023 neue verpflichtende Rückrufbescheide wegen illegaler Abschalteinrichtungen erschien zuerst auf R&U.

Thermo window in Sunlight motorhome detected

In this case, illegal switch-off devices, including the so-called thermal window, were found in a Sunlight motorhome, the base vehicle of which is a Fiat Ducato. The court relies on a new ruling by the Federal Court of Justice (BGH) dated June 26, 2023. According to this new ruling, negligent actions by manufacturers are sufficient to justify consumer claims for damages.

Compensation: 10 percent of the purchase price

The plaintiff had bought his motorhome in July 2020 and demanded that the purchase contract be reversed. The Halle Regional Court dismissed the lawsuit because there had not yet been a recall by the KBA (Federal Motor Transport Authority) or the Italian supervisory authority MIT. In the appeal before the Naumburg Higher Regional Court, the plaintiff was partially successful. He was awarded 10 percent of the purchase price as damages. The Naumburg Higher Regional Court ruled that the installed switch-off devices had been installed negligently.

Italian supervisory authority MIT

Since the Italian regulatory authority MIT has not yet taken action, even though the emissions standards have been proven to be exceeded, the Naumburg Higher Regional Court found that the applicable standards and regulations were not enforceable. When determining the amount of compensation, the Higher Regional Court classified the risk of an official order as low based on the MIT's previous practice. Nevertheless, the German court considered the violation of the emissions standards to be significant and classified the manufacturer's fault as moderate.

investigations by the Frankfurt public prosecutor's office

The Frankfurt public prosecutor's office has been investigating the Fiat emissions scandal since summer 2020 and searched the business premises. No results have been published so far. Motorhomes in particular are affected by this scandal, as most manufacturers rely on the Fiat Ducato as their base vehicle. In 2020, the public prosecutor's office spoke of around 200,000 caravans being affected. The Fiat diesel Multijet is said to comply with the legally prescribed emissions limits only during tests on the test bench, but not in everyday road traffic, thanks to various illegal switch-off devices. These switch-off devices include a so-called timer that switches off the exhaust gas purification after 21 minutes, as well as the thermal window that controls the exhaust gas regulation depending on the outside temperature. Independent emissions tests and checks by the Federal Motor Transport Authority (KBA) confirm that the exhaust gas purification system has been switched off.

BGH lowers the hurdles for successful consumer lawsuits

The new diesel jurisprudence of the Federal Court of Justice significantly lowers the hurdles for successful diesel lawsuits, as proof of negligent actions by car and motorhome manufacturers is now sufficient to assert claims for damages.

Further mobile home proceedings in the wake of the diesel scandal will follow before the Federal Court of Justice in November 2023. The question of whether Stellantis/Fiat-Chrysler acted negligently or possibly intentionally and immorally will be legally clarified. If convicted of intentional conduct and immorality, the purchase contract can be completely reversed, minus compensation for use.

Fiat Ducato drivers should act now!

Do you own a Fiat motorhome? Then it is time to act. The legal experts at Rogert & Ulbrich recommend that you immediately apply for a free and non-binding consultation to contact us. Take advantage of this opportunity without obligation and from the comfort of your own home. Call now.

Der Beitrag Fiat-Abgasskandal: Abschalteinrichtungen in Sunlight-Wohnmobil erschien zuerst auf R&U.

Engine OM642: KBA criticizes 3 defeat devices

One of the defeat devices limits the function of the emission control system to a specific temperature range, known as the "thermal window," which has been declared illegal by the European Court of Justice. Another defeat device causes different amounts of the urea solution AdBlue to be injected into the emission control system depending on specific driving conditions. A third defeat device makes the effectiveness of the SCR catalyst dependent on the temperature of the intake air during emission control.

E-Class sedans particularly affected

This specific case involves a Mercedes E-Class 350 Blue TEC sedan with a Euro 6 diesel engine. According to the German Federal Motor Transport Authority (KBA), the model has been undergoing a voluntary software update program by the manufacturer since 2019. Vehicle manufacturers have offered voluntary service programs in the past, but these became mandatory after some time.

The responsible authority can then enforce the compulsory decommissioning of your vehicle. If this is not done, there is a risk, in the worst case, that the affected vehicles will be banned from operation and decommissioned.

The exact number of affected vehicles with the OM642 engine type is still unclear. However, the E-Class is one of the group's best-selling models in Germany. The automaker was supposed to notify the KBA of "suitable remedial measures" by July 27. However, the company has requested an extension.

The Rogert & Ulbrich law firm, considered pioneers in the emissions scandal, knows that the OM642 engine is not only installed in the E-Class. Your Mercedes could therefore also be affected.

BGH strengthens consumer rights

According to the Federal Court of Justice's ruling from June 2023, there are good prospects for compensation, as all manufacturers can already be held liable for the installation of illegal "thermal windows", even if there is only negligence and no intent. (File number VIa ZR 1031/22).

Financial disaster for Mercedes-Benz

The diesel scandal has already cost the automaker dearly. In 2019, the Stuttgart public prosecutor's office imposed a record fine of €870 million. Out-of-court settlements in the US cost approximately €1.3 billion. In addition, €590 million was paid in the US and €175 million in Canada to settle class action lawsuits.

Therefore, according to its own annual reports, Mercedes-Benz Group AG, formerly Daimler AG, is making massive provisions for liability and litigation risks as well as regulatory proceedings:

• €2.1 billion in 2018 (Annual Report, page 88)
• €4.9 billion in 2019 (Annual Report, page 88)
• €4.6 billion in 2020 (Annual Report, page 67)
• €2.6 billion in 2021 (Annual Report, page 83)
• €2.8 billion in 2022 (Annual Report, page 77)

Publication of all exhaust gas measurements required

The law firm Rogert & Ulbrich joins the appeal of the German Environmental Aid (DUH) and demands that the Federal Ministry of Transport publish all exhaust gas measurements and documents on “officially identified defeat devices” in order to help the approximately 10 million owners of fraudulent diesel vehicles.

Publication of all exhaust gas measurements required

On September 21, 2023, the model declaratory action against Mercedes-Benz Group AG will enter the next round. The German Consumer Organization (vzbv) is suing on behalf of thousands of injured Mercedes-Benz owners who own a model with the OM651 engine type.

Rogert & Ulbrich recommends

We will check for you free of charge whether your Mercedes model is affected by the diesel emissions scandal and calculate the amount of your compensation claim. Contact us by phone without obligation. We advise you free of charge and without obligation.

Der Beitrag Dieselskandal: Stilllegung von Mercedes-Benz wegen illegaler Manipulation der Abgassoftware möglich erschien zuerst auf R&U.

Far-reaching implications for ongoing proceedings

This decision does not only focus on individual cases, but has far-reaching effects that affect all manufacturers who use illegal defeat devices such as the common "thermal window" used by almost all diesel vehicle manufacturers. In total, around 2,100 cases are directly affected by the Federal Court of Justice, while an estimated 100,000 lawsuits are pending in lower courts.

What is a “thermo window”?

Modern diesel engines use exhaust gas recirculation (EGR) to reduce nitrogen oxides during combustion. In extreme outside temperatures, this strategy can damage the engine, which is why manufacturers are allowed to temporarily forego EGR under these conditions. The temperature window in which exhaust gas recirculation is active is called the "thermal window". However, the lower limit of this window - often around 10°C - means that nitrogen oxide reduction is not active for much of the year in Central Europe, resulting in excessive nitrogen oxide levels that violate legal requirements.

turnaround in the emissions scandal per injured consumer

The latest BGH ruling marks a significant turning point: It established differential damage as a new model for compensation for diesel vehicles affected by manipulations such as the thermal window. This decision followed the ECJ's finding that consumers are entitled to compensation even without proof of intent or immorality. This means that manufacturers are now also liable for negligence. The BGH sets the compensation range between 51% and 151% of the purchase price. However, if the residual value of the vehicle and any applicable compensation for use are lower than the purchase price reduced by up to 151%, compensation will be paid.

R&U lawyers advise you

The significance of the ruling goes far beyond the court proceedings: it is crucial for many diesel owners who want to make claims for damages. It could lead to an increase in the number of cases. In order to prevent possible statute of limitations and to protect your own rights, we recommend using a free initial telephone consultationThis allows affected consumers to get a clear assessment of their situation and protect their claims. Use the decision of the BGH & ECJ to your advantage and start your proceedings immediately to receive compensation more quickly.

Der Beitrag Sensationsurteil: BGH & EuGH stärken die Verbraucherrechte und machen den Weg frei für den Differenzschaden in Dieselverfahren erschien zuerst auf R&U.

Liability against manufacturers for simple negligence

"In the diesel emissions scandal, the European Court of Justice (ECJ) caused a stir today, Tuesday, March 21, 2023, with a leading decision (C-100/21) on the third-party protective effect of the regulations in the European Directive 2007/46/EC and will thus initiate a turnaround. The ECJ finds that the Union law regulations on the registration of motor vehicles in road traffic protect third parties insofar as they also concern the protection of the individual interests of citizens of the European Union. This is so explosive because under German law, the claim arising from the unlawful violation of a protective law was - obviously wrongly - rejected by the German courts (Section 823 Paragraph 2 of the German Civil Code in conjunction with the European Directive 2007/46/EC and Regulation No. 715/2007). This provision - unlike other grounds for claims - gives the injured party a claim for damages if a protected legal interest is negligently violated. Accordingly, there is no need to prove that the defendant acted intentionally. In the "diesel proceedings", the defendant regularly claims that it could have relied on statements from the Federal Motor Transport Authority, which is why it cannot be accused of intent. In any case, in my view, there is an accusation of negligence, because the manufacturer itself is obliged to comply with the requirements of European law. Nowadays, it has entire departments that deal with compliance and it could and should have recognized that its own actions violated the goals and requirements from Brussels," explains attorney Dr. Marco Rogert.

The Federal Court of Justice (BGH) assessed the question of the general illegality of thermal windows differently some time ago. However, it has recently suspended several ongoing proceedings on the grounds that it wants to wait for a decision from the ECJ in order to "to provide the courts of first instance and the courts of appeal dealing with diesel cases with supreme judicial guidance as soon as possible following a decision of the Court of Justice." (Press release dated July 1, 2022, ref. VIa ZR 335/21).

Simplified enforcement of claims ffor plaintiffs

"The Federal Court of Justice has therefore now received the binding instructions to apply the basis of claim under Section 823 Paragraph 2 of the German Civil Code in conjunction with the European Directive 2007/46/EC and Regulation No. 715/2007 in the exhaust gas scandal complex in addition to the previous basis of claim based on the allegation of intent and to assess temperature-controlled switch-off devices extremely critically. This makes it easier for the claimants to enforce their claims. It is also not to be expected that the Federal Court of Justice will ignore this decision, since by postponing the announcement dates in the case in question it has indicated that it considers the ECJ decision to be binding and preemptive in such cases," says Dr. Rogert, assessing the scope of the RuGH ruling.

In the overall view of these rulings, this means that, in any case, if the temperature-controlled switch-off device results in the exhaust gas purification system being switched off for a large part of the year, there is generally a right to rescission. This applies regardless of the manufacturer. "Due to the purpose of the switch-off device, which is to be used in reality, this requirement should generally be met. The complex programming of a switch-off device that only kicks in at outside temperatures below -20 and above +70 degrees Celsius would be pointless," says the R&U legal expert.

Higher chance of success ffor injured consumers

"For owners of vehicles with combustion engines that are no more than ten years old, this decision means, in my opinion, that enforcing claims for damages is possible with a significantly higher chance of success than before this decision," concludes Dr. Rogert.

In the Court's rulings in cases C-128/20 | GSMB Invest, C-134/20 | Volkswagen and C-145/20 | Porsche Inter Auto and Volkswagen, the ECJ had already ruled that the temperature-controlled defeat devices used in millions of diesel vehicles were illegal because they violated the relevant EU regulation. "The decisions at the time are particularly explosive because, according to media reports, such defeat devices were also used in vehicles with petrol engines, thus turning the diesel emissions scandal into a combustion engine emissions scandal," explains Dr. Marco Rogert.

The Federal Court of Justice (BGH) assessed the question of the general illegality of thermal windows differently some time ago. However, it has recently suspended several ongoing proceedings on the grounds that it wants to wait for a decision from the ECJ in order to "to provide the courts of first instance and the courts of appeal dealing with diesel cases with supreme judicial guidance as soon as possible following a decision of the Court of Justice." (Press release dated July 1, 2022, ref. VIa ZR 335/21).

ECJ decision is binding for the Federal Court of Justice

Attorney Rogert: "The Federal Court of Justice has therefore now received the binding instructions to apply the basis of claim under Section 823 Paragraph 2 of the German Civil Code in conjunction with the European Directive 2007/46/EC and Regulation No. 715/2007 in the exhaust gas scandal complex in addition to the previous basis of claim based on the allegation of intent and to assess temperature-controlled switch-off devices extremely critically. This makes it easier for the claimants to enforce their claims. It is also not to be expected that the Federal Court of Justice will ignore this decision, since by postponing the announcement dates in the case in question it has indicated that it considers the ECJ decision to be binding and preemptive in such cases."

Rogert & Ulbrich recommends

Benefit from the ECJ decision and initiate the procedure nowto be compensated even faster. We advise you free of charge and without obligation.

Der Beitrag EuGH stärkt die Verbraucherrechte im Abgasskandal und bewertet das Thermofenster als rechtswidrig erschien zuerst auf R&U.