As of: 07/12/2022 5:31 p.m
It is the second model declaratory action in connection with the diesel scandal. In the case of Mercedes-Benz, however, there are far fewer people affected than in the case of VW.
The Federal Motor Transport Authority is certain: Not only VW, but also Mercedes-Benz did not comply with the rules when it came to cleaning exhaust gases. In 2018 and 2019, the group had to recall hundreds of thousands of diesel vehicles due to illegal defeat devices.
The Federal Association of Consumer Centers is now basing a model declaratory action against the group on the underlying decisions of the Federal Motor Transport Authority. The trial before the Higher Regional Court in Stuttgart begins today. It is still unclear when a verdict will come.
The model lawsuit includes vehicle models from the GLC and GLK series in which the OM651 engine was installed and which were subject to a mandatory recall. According to the consumer advice center, almost 50,000 Mercedes customers were able to join the lawsuit by Monday. In fact, a good 2,800 consumers had themselves entered in the register of complaints. The extent to which they meet the requirements – i.e. whether they actually bought one of the affected cars – has not yet been checked.
Claim for damages due to defeat device?
The consumer center accuses Mercedes that the exhaust gas cleaning only ran correctly in tests in the laboratory in order to comply with the limit values for the emission of pollutants. In normal operation on the road, however, the exhaust gas cleaning system was switched off and the limit values were exceeded. This involves different switch-off devices, for example the coolant setpoint temperature control and the design of the online and filling level mode for AdBlue dosing.
From the point of view of the consumer advice center, the car manufacturer acted immorally and intentionally when installing these defeat devices. Affected customers would therefore be entitled to compensation. Mercedes considers the claims made to be “unfounded”. The group is also taking legal action against the decisions of the Federal Motor Transport Authority.
Notices of the court
At the beginning of March, the Higher Regional Court gave written initial indications of how it would provisionally assess the matter. According to this, it assumes that an impermissible defeat device could have been used in any case. A hearing of evidence may be necessary for further determinations. The court therefore also assumes that there is no evidence that the board of the car manufacturer knew.
However, the knowledge of the head of engine development could lead to liability on the part of the car manufacturer – but probably only for vehicles in the Euro 6 emission class. With regard to Euro 5 vehicles, the court is suggesting that the Federal Association of Consumer Organizations withdraw the lawsuit.
Thermal windows are not an issue in model lawsuits
Unlike many individual lawsuits, the test case is not about so-called thermal windows – a shutdown of exhaust gas cleaning at certain temperatures. Because the Federal Court of Justice had already indicated that no claims for damages against Mercedes could be based on this. Nevertheless, there are numerous individual lawsuits against Mercedes before the courts, which are also based on the installation of thermal windows.
Association sues for consumers
With the model declaratory action, disputed questions should be able to be clarified in principle in a model process. Those affected can register in the register of complaints at the Federal Office of Justice. Those who participate have no costs. The consumer advice center bears the risk of legal costs. However, the sample process is only the first step. If the lawsuit is successful, model plaintiffs can later claim damages from Mercedes in a second step.
Affected consumers were able to join the lawsuit until yesterday. If you change your mind after the oral hearing on Tuesday, you can unsubscribe until the end of the day. The model declaratory action against Volkswagen was filed in early 2020 ended with a comparisonwhich around 245,000 customers had accepted.
After a good four hours of negotiations, during which a lot of formalities and formulations were discussed at first, the Higher Regional Court (OLG) in Stuttgart proposed a continuation date. Accordingly, the hearing should continue next year on January 24th.