Judgment against Daimler AG – intentional immoral damage

/ emissions scandal, judgments / shutdown device, Daimler, Euro-5, KBA, Mercedes Benz, OM651, recall, damages

In its judgment of January 28, 2022, the Stuttgart Regional Court ordered Daimler AG to pay the plaintiff represented by us damages of € 13,526 against return of the vehicle (case number 17 O 711/19). The vehicle in question is a Mercedes Benz GLK 220 CDI 4Matic of the Euro 5 emissions class. The affected Mercedes has a OM651 engine The plaintiff bought this as a new car for a purchase price of € 47,349.

The LG affirmed a claim for damages pursuant to. § 826 BGB for intentional immoral damage. The vehicle in question did not comply with the requirements of the EC Regulation 715/2007According to this regulation, manufacturers are obliged, among other things, to comply with the specified limit values and not to impermissible shutdown deviceswhich reduce the effectiveness of emission control systems. Vehicles must therefore comply with the specified limit values under normal operating conditions.

Daimler AG violated EC Regulation 715/2007 with the vehicle in question. The vehicle was not equipped accordingly, so that the legally stipulated limit values for nitrogen oxide emissions were not met under normal operating conditions.

Implied deception through placing on the market

The fact that Daimler AG has placed the vehicle on the market represents an implicit deception. Placing the vehicle on the market signals that "the vehicle complies with the applicable regulations and fulfils its objective purpose of being used on the road".

This deception caused the buyer concrete damage. If the limits are not complied with, there is a risk of the registration being revoked and the vehicle being taken out of service. This would result in a significant loss of value. The plaintiff therefore bought a vehicle that did not correspond to the contract.

The chances of suing Daimler AG 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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