Make claims for damages against Daimler AG now – without any cost risk

Dr. Marco Rogert, partner at the Rogert & Ulbrich law firm, who was involved as a legal representative of the vzbv in the successful model declaratory action against VW, explains: “According to initial information, this new lawsuit by vzbv includes various models of the Mercedes GLC and GLK series that are subject to an official recall. Specifically, it concerns the following models:

The OM 651 engine is installed in all models.”

Get a free initial telephone consultation with a specialized lawyer now and have your complaint registered correctly

As a consumer protection law firm, we recommend that you seek legal advice in any case. We carry out the initial consultation and registration for the MFK against Daimler free of charge for you. We know from the model declaratory action against VW that many consumers made mistakes or provided insufficient information when registering with the register of claims against VW. In the worst case, this meant that a claim for damages that actually existed was not granted for formal reasons or that these consumers did not receive a settlement offer as part of the model declaratory action against VW. To ensure that this does not happen to you, use our offer - we will be happy to help you.

If you have traffic legal protection insurance, the filing an individual lawsuit but more sensible.

Dr. Marco Rogert, partner at Rogert & Ulbrich, one of the leading law firms active in the emissions scandal since 2015: “The filing of a MFK against Daimler also gives a boost to so-called individual lawsuits, in which the plaintiffs sue Daimler individually. We are already conducting numerous individual proceedings of this kind nationwide – with success. Our law firm now has a considerable number of positive court rulings against Daimler AG, according to which the courts award damages to injured plaintiffs due to the presence of illegal defeat devices and order Daimler AG to take back the manipulated vehicle."

How long the model declaratory action against Daimler and whether it will go and end the same way as with Volkswagen, nobody knows yet. In order to achieve the same possible success as in an individual lawsuit, it may be necessary to file an individual lawsuit after the preceding MFK procedure. Overall, this will usually take longer than an individual procedure. So if you have legal expenses insurance, it is better to file an individual lawsuit directly. If you do not have legal expenses insurance that was in place at the time you bought the vehicle, you should register your claims with the MFK against Daimler. Please also consult our lawyers on this matter.

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With the European class action, consumers will be able to enforce their legal claims against companies more easily in the future. A new EU directive on collective actions provides that consumer protection organizations will be able to sue for damages directly in the future, thus going much further than the model declaratory action in Germany.

With the new instrument of model declaratory action against Volkswagen In 2018, we entered new legal territory and made legal history. With our support, the Federal Association of Consumer Organizations (vzbv) reached a groundbreaking out-of-court settlement in March 2020 with compensation for more than 200,000 cheated car buyers in diesel emissions scandal negotiated. Class action lawsuits, which were previously only possible in France, Italy and Spain, are now also becoming a reality at the European level.

Diesel emissions scandal sparked European initiative

In 2018, under the impression of the VW emissions scandal proposed to allow class action lawsuits across Europe. "Cases like Dieselgate have shown that it is high time to give consumers tools to enforce their rights," it said. Justice and Consumer Protection Commissioner Vera Jourová to the point. On June 22, 2020, the EU states and the European Parliament agreed on the directive for European representative actions. The EU states must now implement it into national law within 2 years.

Europe-wide collective actions possible in many consumer protection issues

Consumers in Europe will be able to enforce their rights better in the future. The collective action allows consumer protection organizations to bundle customer complaints for violations of consumer protection regulations in the EU and to sue a company on behalf of the injured party, for example for damages, rescission, subsequent performance or injunctive relief. This applies to key consumer protection issues, financial services, data protection, telecommunications, transport, energy, the environment and health and expressly includes the rights of air and train passengers.

EU class action eliminates weakness of model declaratory action

The European class action lawsuit offers consumers greater advantages than the model declaratory action in Germany. In this country, consumer protection organizations can only have a court determine that a company has harmed its customers. However, customers must then sue for compensation individually. The European solution now provides that the consumer protection organizations entitled to sue can directly seek compensation on behalf of consumers. 

"The model declaratory action was the first time that consumers in Germany were able to defend themselves against fraud together. Against this background, the new EU class action is a milestone for consumer protection in Europe. Especially since it eliminates a weak point of the model declaratory action and provides direct solutions, such as compensation payments. Companies will therefore think more carefully in the future about deceiving their customers as persistently as the car companies did in the diesel emissions scandal."

Partner Dr. Marco Rogert

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When do the claims of injured diesel buyers expire in emissions scandal? This legally complex question is still controversial. A decision by the Marburg District Court now shows a new perspective and gives injured car buyers the opportunity to assert their claims well beyond 2020.

According to the prevailing legal opinion to date, claims for damages by many VW customers in the diesel emissions scandal have been time-barred since the end of 2019. However, the Marburg District Court now takes the view that the claim for damages by injured parties should not expire after 3 years, but only after 10 years in accordance with Section 852 of the German Civil Code (June 16, 2020, case number 9 C 891/19). 

Section 852 of the German Civil Code states: “If the person liable for compensation has gained something through an unlawful act at the expense of the injured party, he is obliged to return the damage in accordance with the provisions on the return of unjust enrichment, even after the limitation period for the claim for compensation for the damage resulting from an unlawful act has expired. This claim expires ten years after it arises…” 

The prerequisite is that there is a fundamental claim for damages - and the Federal Court of Justice clearly affirmed this in the diesel emissions scandal, initially only with regard to VW, but the ruling is likely to set the tone for proceedings against other car manufacturers.

"The Marburg decision offers interesting food for thought. It states that manufacturers who - like VW - have deliberately and immorally deceived their customers must pay for their financial losses even 10 years later. Volkswagen's delaying tactics and attempts to delay proceedings until the end of the statute of limitations will not get them through. Even if higher courts confirm this legal opinion, diesel buyers who have previously assumed that their claims were time-barred at the end of 2019 also have a good chance of getting their rights."

Partner Dr. Marco Rogert

Controversial: When does the limitation period begin?

The decision of the Marburg District Court sheds new light on an unresolved and controversial issue. Claims for damages due to intentional immoral damage under Section 826 of the German Civil Code are usually time-barred after 3 years - this is what Section 195 of the German Civil Code stipulates. However, it is still disputed when exactly this 3-year period begins. According to Section 199 of the German Civil Code, it runs from the end of the year in which the claim arose or the diesel buyer had or should have had knowledge of the "circumstances giving rise to the claim", i.e. the presence of an illegal switch-off device. This is exactly where the rub lies. There are still different views on the question of when customers could have known about the emissions manipulation, especially with the scandalous EA189 engine:

• The statute of limitations began at the end of 2015, i.e. at the end of the year in which the emissions scandal became public. In this case, diesel buyers would have had to assert their claims by December 31, 2018.
• The statute of limitations began at the end of 2016 or 2017 when VW informed diesel buyers about the switch-off devices in the EA 189. In this case, the limitation period would have expired on December 31, 2019 or would end on December 31, 2020. It should be remembered that until the BGH ruling in May, VW always denied that the buyers had suffered any damage at all. If one follows this adventurous argument, the question arises as to how customers can be aware of damage that supposedly does not even exist.
• Many lawyers and courts therefore take the view, in line with the Federal Court of Justice, that the limitation period only begins to run when the legal situation is clear. But there are also different opinions about when this is the case:

1. After the first higher regional court rulings against VW in 2018 – then the limitation period would end on December 31, 2021.
2. According to the BGH ruling of 25 May 2020 - then the limitation period would not end until December 31, 2023. This view is held by the Trier Regional Court, the Frankfurt am Main Regional Court and the Duisburg Regional Court, among others. The latter stated clearly in its ruling: "As long as there is no decision by the Federal Court of Justice in a comparable case, the legal situation must be regarded as unclear."

Special regulations apply to diesel buyers who joined the model declaratory action against VW, but have withdrawn their participation or have not received or accepted the VW settlement offer.

Still many open questions about the statute of limitations

In addition, further questions remain unanswered: What applies to diesel buyers who buy other vehicles from the Volkswagen Group, such as Audi  or Porsche Or vehicles with other engines, such as the EA288? When do the claims of defrauded Mercedes- and BMWBuyers? And how do software updates affect the statute of limitations? After all, it has been shown that exhaust gas purification often only works within a narrow temperature range, even after software updates. Such thermal window Both German courts and the Advocate General of the European Court of Justice have clearly classified this as illegal.

It depends on the individual case

If, like the Marburg District Court, one assumes that Section 852 of the German Civil Code applies, the question of the statute of limitations loses its urgency, since the time window for claims by victims is much longer at 10 years. The issue remains controversial until a supreme court ruling from the Federal Court of Justice, which is expected at the end of July 2020. In principle, the question of the statute of limitations must be clarified for each individual case. Diesel buyers who have suffered damage should therefore definitely seek the advice of a competent lawyer who is experienced in the emissions scandal issue.

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Starting at the end of March, over 260,000 participants in the model declaratory action will receive between €1,350 and €6,257, depending on the vehicle and its age. Many are asking: Is the settlement worth it?

Each of the 262,500 registered in the model declaratory action to whom the VW settlement applies will receive a compensation offer from the Volkswagen Group starting at the end of March. Depending on the vehicle and its age, between 1,350 and 6,257 euros will be charged. In addition, VW has committed to providing all participants in the model lawsuit with Initial legal consultation up to a one-time fee of 190 euros to pay. This way, everyone registered in the model declaratory action can find out whether the settlement is worthwhile in their specific case. As leading lawyers in the emissions scandal, Dr. Marco Rogert and Tobias Ulbrich advise all those affected: "Consider carefully whether you really want to accept VW's offer."

Here you will find a comprehensive information page with frequently asked questions about the VW comparison and a compensation calculator for affected VW customers.

From the table, VW diesel drivers can determine how much money they can save by using the vehicle model and year of manufacture. Volkswagen as compensation. The least will be paid to a Polo or Ibiza from 2008. The highest compensation sum will be paid to an Audi A6 from 2016. The table clearly shows the large number of car brands affected by the diesel scandal: In addition to VW and Audi, this also includes vehicles from SEAT and SkodaHere you will find an overview of all vehicles affected by the diesel emissions scandal. Use the compensation calculator below to determine how much money you are entitled to in a rescission lawsuit before deciding whether to accept the VW settlement. Anyone eligible to register for the model declaratory action is entitled to an initial legal consultation. The costs will be covered by Volkswagen.

What about VW customers who don't get a settlement?

Lawyers recommend examining the VW settlement carefully

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