Because of the so-called thermal window in many Mercedes diesels, complaining car owners are not yet entitled to compensation from Daimler. Even if it is an inadmissible defeat device, the pure use of the technology is not immoral, the Federal Court of Justice ruled on Tuesday. Because unlike the scandalous engine EA189 from Volkswagen, the software does not differentiate according to whether the car is on the test bench.
The “thermal window” is part of the engine control and reduces exhaust gas cleaning when the temperatures outside are cooler. The plaintiff saw it as an inadmissible defeat device – as at VW. He wanted Daimler to take back the car and reimburse him for the purchase price minus the number of kilometers driven. He bought his C-Class new in 2012 for around 35,000 euros. The Oberlandesgericht (Higher Regional Court) Koblenz had recently dismissed his complaint.
The case is not yet closed with the judgment now available, because the plaintiff has also accused Daimler of using a number of other inadmissible devices for manipulating exhaust emissions, including via the coolant system. The Koblenz Higher Regional Court did not investigate this specific allegation. That must now be made up for.