In the wake of the diesel scandal, consumer advocates want to seek compensation for around 2,800 Mercedes customers. Now they have achieved partial success. But the dispute is not yet over.
The Stuttgart car manufacturer Mercedes-Benz has installed illegal shutdown devices in certain diesel cars. This emerges from a model declaratory judgment of the Stuttgart Higher Regional Court (OLG), which the presiding judge Thilo Rebmann announced this morning.
This means that consumer advocates have partially prevailed with a lawsuit they filed against Mercedes in the wake of the diesel scandal. The association focused on vehicles with a specific engine type from the Stuttgart car manufacturer that were affected by recall notices from the Federal Motor Transport Authority (KBA) in 2018 and 2019.
According to KBA’s opinion, Mercedes had installed an impermissible switch-off device in this car – and thus restricted the cleaning of diesel exhaust gases. Mercedes denied the allegations at the time.
height of Claims for damages still unclear
It was initially unclear how many car owners could now be entitled to compensation. According to the Federal Association of Consumer Organizations (vzbv), around 2,800 people joined the lawsuit. However, the chamber also dismissed parts of the lawsuit.
In addition, both consumer advocates and Mercedes can still appeal against the ruling at the Federal Court of Justice. Only if the ruling in Karlsruhe stands will consumers be able to enforce their right to compensation. They have to do that themselves.
Shortly after the verdict, Mercedes announced that it would appeal. “We take a different legal opinion than the court,” said a spokesman. They still consider the claims against the company to be unfounded and will defend themselves against them.