Dieter Zetsche: The former boss of Daimler should comment on the diesel scandal. Photo: dpa
Frankfurt. Former Daimler CEO Dieter Zetsche is to testify in court for the first time in a trial involving investor lawsuits in connection with the diesel emissions scandal. As the Stuttgart Higher Regional Court (OLG) announced on Tuesday, “a former CEO” will be heard on February 3rd.
Zetsche led what is now the Mercedes-Benz Group at the time of the emissions fraud that was exposed at Volkswagen in 2015 and later led to fraud allegations against Daimler. Now he is to be asked whether the board once strategically decided to circumvent EU emissions standards and therefore install allegedly inadmissible defeat devices from 2012 to 2018.
In this case, Daimler shareholders at the time are asserting claims for damages because the car manufacturer informed too late about an illegal defeat device. Similar to VW diesel engines, the technology led to higher nitrogen oxide emissions than permitted, which resulted in an extensive recall and a wave of lawsuits from car buyers.
Hundreds of investors also felt harmed because they had purchased Daimler shares at too high a price. The company has always rejected the allegations and denies that the emissions control system is a defeat device.
The investor test case before the Higher Regional Court began five years ago. It serves to clarify factual and legal questions for a large number of individual lawsuits before the regional court. On this basis, the lower court can decide on the claim for damages.
The Higher Regional Court has already dealt with over 60 findings submitted by both litigants in several hearings. In February 2025, the Higher Regional Court raised the question of whether the company’s board of directors had specifically made a strategic decision to manipulate exhaust gases from diesel engines. In order to clarify the matter, in addition to ex-boss Zetsche, another former board member and some employees were invited to take evidence.
Mercedes-Benz pointed to previous investigations and investigations into the question of the responsibility of the group’s board of directors. “A comprehensive independent investigation commissioned by the supervisory board has shown that there are no claims against members of the board of directors,” the company said. The Stuttgart public prosecutor’s office did not find any breach of duty above department head level in proceedings. The US judiciary closed the investigation in 2024.