The Stuttgart car manufacturer Mercedes Benz has installed illegal defeat 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 on Thursday. Consumer advocates have thus partially prevailed with a lawsuit that they filed in the course of the Diesel scandal filed against Mercedes.
Euro 6 models are particularly affected
The judgment is based on a model declaratory action by the Federal Association of Consumer Organizations (vzbv) from 2021 for buyers of Mercedes models from the GLK and GLC series. The Federal Motor Transport Authority (KBA) issued recall notices in 2018 and 2019 due to inadmissible shutdown devices for these models with diesel engines in the Euro-5 and Euro-6 emissions classes.
The Higher Regional Court initially determined, with reference to the KBA, that the vehicles in question were sold with impermissible defeat devices. However, buyers would only be entitled to damages if the manufacturer had “intentionally damaged” them. The court explained that at least for the Euro 5 models, the vzbv was unable to demonstrate that Mercedes acted intentionally.
In the case of the Euro 6 models, however, the judges ruled that at the time the vehicles were put on the market, Mercedes employees “at least accepted” that the cars were equipped with illegal systems. The vzbv had referred in particular to legally binding criminal orders against three Mercedes employees for commercial fraud, one of which also affects the Euro 6 models in question.
The Federal Court of Justice still has to examine the verdict
It was initially unclear how many car owners could now be entitled to compensation. According to the 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 Federal Court of Justice insert. 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.