Damages in diesel lawsuit
Consumer advocates achieve partial success against Mercedes
March 28, 2024, 2:03 p.m
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Mercedes-Benz has to accept a defeat in court because of illegal defeat devices in its vehicles. Now the car manufacturer from Stuttgart is threatened with compensation payments from thousands of car owners. But one hurdle in the diesel lawsuit still remains.
The Stuttgart car manufacturer Mercedes-Benz has installed illegal shutdown devices in certain diesel cars. This emerges from a model declaratory judgment of the Higher Regional Court (OLG) Stuttgart, which was announced by the presiding judge Thilo Rebmann. This means that consumer advocates have partially prevailed with a lawsuit they filed against Mercedes in the wake of the diesel scandal.
In the model lawsuit, 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.
It was initially unclear how many car owners could now be entitled to compensation. “Only around 2,800 participants in the lawsuit benefit directly from the verdict,” explained lawyer Claus Goldenstein, who says he represents thousands of car buyers in lawsuits related to the diesel emissions scandal. The decision still sends a positive signal to consumers. The emissions scandal led, among other things, to a loss in the value of the vehicles. “In this respect, it is only logical that the owners of illegally manipulated Mercedes vehicles can claim back part of the purchase price originally paid.”
Mercedes wants to go into revision
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.