{"id":62516,"date":"2023-09-21T09:37:02","date_gmt":"2023-09-21T07:37:02","guid":{"rendered":"https:\/\/ru.law\/?p=62516"},"modified":"2024-10-29T08:11:38","modified_gmt":"2024-10-29T07:11:38","slug":"dieselskandal-stilllegung-von-mercedes-benz-wegen-illegaler-manipulation-der-abgassoftware-moeglich","status":"publish","type":"post","link":"https:\/\/ru.law\/en\/dieselskandal-stilllegung-von-mercedes-benz-wegen-illegaler-manipulation-der-abgassoftware-moeglich\/","title":{"rendered":"Diesel scandal: Mercedes-Benz could be shut down due to illegal manipulation of emissions software"},"content":{"rendered":"

Since July, the Federal Motor Transport Authority (KBA) has been demanding clarification from Mercedes-Benz regarding critical and allegedly illegal defeat devices in the OM642 V6 diesel engine. The KBA has identified three defeat devices and classified them as "critical or illegal."  <\/p>\n\n\n\n

Engine OM642: KBA criticizes 3 defeat devices<\/strong><\/strong><\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

E-Class sedans particularly affected<\/h3>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

BGH strengthens consumer rights<\/strong><\/h3>\n\n\n\n

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)<\/a>.<\/p>\n\n\n\n

Financial disaster for Mercedes-Benz<\/strong><\/h3>\n\n\n\n

The diesel scandal has already cost the automaker dearly. In 2019, the Stuttgart public prosecutor's office imposed a record fine of \u20ac870 million. Out-of-court settlements in the US cost approximately \u20ac1.3 billion. In addition, \u20ac590 million was paid in the US and \u20ac175 million in Canada to settle class action lawsuits.<\/p>\n\n\n\n

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:<\/p>\n\n\n\n