Claims for damages in the emissions scandal against Daimler AG are now successful at more and more regional courts and, most recently, at the higher regional courts in Naumburg and Cologne.
In the diesel exhaust scandal of Daimler AG, the turnaround in German courts in favor of consumers continues. After some regional courts and recently the Higher Regional Court of Naumburg (judgment of September 18, 2020, Az .: 8 U 8/20), the Cologne Higher Regional Court decided that Daimler is obliged to pay compensation for intentional immoral damage (judgment of November 5, 2020). 2020 Az .: 7 U 35/20), whereby an appeal to the BGH was not permitted.
The proceedings concerned a Mercedes Marco Polo 250 d with the OM 651 diesel engine, emission class Euro 6.
The joy of the motorhome that was bought in 2017 did not last long. As early as 2018, the plaintiff received an obligatory recall from the Federal Motor Transport Authority (KBA) for inadmissible defeat devices. The recall, which originally referred to the Mercedes Vito 1.6 l diesel, was thus also extended to the mobile home.
Although Daimler offered a software update through the KBA, the plaintiff was not satisfied with this and asserted claims for damages on the grounds that several different shut-off devices were installed in his disputed vehicle, which in total lead to the vehicle in normal operation do not comply with statutory emissions standards on the road. In addition to the temperature-dependent exhaust gas control (thermal window), the engine has a warm-up strategy with recognition of the test bench situation, incorrect dosage of AdBlue in the SCR catalytic converter, different modes in the engine control and coolant setpoint temperature regulation (change to a worse exhaust gas mode after an operating time of 20 minutes , the duration of the test cycle) as well as a cut-off device acting on the gearbox.
The Cologne Higher Regional Court followed the plaintiff’s line of argument and sentenced Daimler AG to take back the vehicle concerned and reimburse the plaintiff for the purchase price minus a compensation for use for the kilometers driven after the purchase.
In its reasoning for the judgment, the Cologne Higher Regional Court correctly stated that the plaintiff had acquired a vehicle that he did not want to buy and therefore suffered damage. In particular, the detection of the test bench situation by the engine management system is to be assessed identically to the Volkswagen AG emissions scandal, with the Senate expressly referring to the corresponding first BGH judgment against VW from May 25, 2020 (Ref .: VI ZR 252/19). Daimler was therefore obliged to pay damages to the plaintiff in accordance with Section 826 of the German Civil Code (BGB) by placing the OM 651 engine at issue – analogous to VW – on the market.
Conclusion: In addition to the above-mentioned higher regional courts of Naumburg and Cologne, more and more regional courts, such as the regional courts of Stuttgart, Freiburg, Oldenburg, among others, have sided with the injured consumers and awarded affected owners of Daimler AG vehicles with reversal and / or claims for damages, which also include the cost of legal prosecution (lawyer and court costs).
The requirements of affected owners of Daimler vehicles with diesel engines, especially the engine type OM 651, being able to enforce reversal and / or claims for damages, are better than ever.
The author of this information, lawyer Dr. Dr. Christian Lorbach, MSc., Has been very committed with his own law firm in Bayreuth for over 15 years with a focus on consumer law and has already successfully handled well over 2000 exhaust gas scandal cases.
He therefore has in-depth experience and profound specialist knowledge in this area, as well as excellent knowledge of the relevant case law nationwide, but also in particular of the regional courts in Bayreuth, Hof, Bamberg, Schweinfurt, Coburg, Nuremberg-Fürth, Amberg, Weiden and others
Attorney Dr. Dr. Lorbach offers you a free initial assessment of your legal options and chances of success, will take care of your legal expenses insurance if necessary, and will represent you competently out of court and, if necessary, in enforcing your claims in court. We look forward to hearing from you soon.
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