Consumer advocates who want to seek compensation for Mercedes customers in the wake of the diesel scandal have achieved partial success. A ruling by the Stuttgart Higher Regional Court (OLG) in the model lawsuit confirms that the car manufacturer installed impermissible defeat devices in certain vehicles.
This affects some diesel cars that were built between 2012 and 2016 and which the Federal Motor Transport Authority (KBA) had recalled in 2018 and 2019. In his opinion, Mercedes had installed an inadmissible switch-off device in this car – and thus restricted the cleaning of diesel exhaust gases. Mercedes denied the allegations at the time. These were vehicles with the OM651 engine, which was installed in the Mercedes GLC and Mercedes GLK models, among others.
The responsible Senate of the Stuttgart Higher Regional Court now ruled that the Mercedes employees had at least accepted that the discontinuation of some Euro 6 diesel vehicles was an inadmissible defeat device. In the case of Euro 5 cars, the court rejected the consumer advice center’s allegations.
It is unclear how many car owners could now be entitled to compensation. According to the consumer advice center, around 2,800 people joined the lawsuit.
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.
The proceedings are therefore moved to the Federal Court of Justice in Karlsruhe. Only if the judgment there stands can consumers enforce their right to compensation. They have to do that themselves. The model declaratory action only clarifies the legal requirements for claims. If immorality is found, car buyers can return the car to the manufacturer and receive a refund of the purchase price minus usage. In the event of negligent actions, the differential damages rule applies: Under certain conditions, buyers can receive back up to 15 percent of the purchase price and do not have to hand in their car.