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.

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.

Rogert & Ulbrich recommends

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.

The LG sees compensation for intentional immoral damage according to § 826 BGB combined with § 31 BGB As a given, Audi AG has, by placing the engine on the market with a manipulated engine control software implicitly deceived.

No retroactive contract conclusion due to software update

The programming of the control software with regard to AdBlue injection is provided with a function that is known as impermissible shutdown device in accordance with Article 5, paragraphs 1 and 2 of Regulation (EC) 715/207. The Federal Motor Transport Authority (KBA) has also classified the programming in this way. The control software reduces nitrogen emissions by injecting AdBlue accordingly. The system is then only switched off during normal operation.

The installation of such engine control software is also immoral, as it was carried out solely to deceive the KBA about compliance with the emission limits in the respective driving cycles in order to obtain type approval. Audi AG also accepted the harm to a large number of people, significant material damage and increased environmental damage.

According to the regional court, the plaintiff also suffered damage because the purchase burdened the plaintiff with an unwanted obligation. The vehicle is not usable as it is, as the type approval can be revoked at any time. The damage caused cannot be remedied by the subsequent possibility of a software update. This is because an immorally concluded contract through deception cannot lead to an intended conclusion of the contract through a later software update.

3-liter engine: Rogert & Ulbrich recommends

Do you drive an Audi or a vehicle with a 3-litre engine? Then you should act now and contact us advise let. Current case law also shows that your chances have never been better.Prevent your potential claims for damages from becoming time-barred and have them filed with us free and non-binding check. 

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VW AG also guilty regarding V6 3.0 TDI engine

VW AG is guilty of deception not only with the EA 189 diesel engine it developed and produced, but also with regard to the V6 3.0 TDI engine manufactured by Audi AG. This engine was also installed in the VW Touareg in question.

The Audi AG-manufactured V6 3.0 TDI engine was able to, as was the one developed and manufactured by VW AG diesel engine EA 189, the prescribed exhaust emissions in the type approval procedure only comply with the test bench and not in real road use. To ensure compliance with the exhaust emissions on the test bench, software was developed that recognizes the roller test bench based on various parameters and controls the engine function accordingly. The Hildesheim Regional Court had already determined that the engine type in question was equipped with an inadmissible switch-off device intended to deceive.

The fact that VW AG has now been found guilty of the V6 3.0 TDI engine produced by Audi AG is a further step forward in the diesel emissions scandal. VW AG has now also been convicted as a vehicle manufacturer. The engine type in question was deliberately installed by VW in order to deceive the Federal Motor Transport Authority (KBA) and buyers. It does not matter that Audi AG produced the V6 3.0 TDI engine.

Rogert & Ulbrich recommends

Since 2007, we have been fighting on behalf of consumers against large corporations nationwide. Through our own law firm database enables us to identify the optimal litigation strategy with the best prospects of success. Our initial consultation is free and non-binding. Get advice without obligation.

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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. 

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