Comparison with suppliers rejected: Prevent and Daimler continue to argue in court

05/16/2018

Comparison with supplier rejected Prevent and Daimler continue to argue in court

Daimler

Mercedes-Benz E-Class

The claim for compensation for the delivery of seat covers between the supplier Prevent and the carmaker Daimler will continue in court. A comparison proposed by the district court Stuttgart did not come within the set period, as a court spokesman said on Wednesday.

Just over a month ago, the judges suggested that Daimler pay well over 5 million euros to Prevent and that the supplier would pay most of the court costs in return (ref 11 O 32/17).

Prevent had demanded compensation of over 40 million euros. The settlement proposal was in no way suitable to offset the damage incurred by Prevent, the company said. Therefore, they have decided not to accept him.

Supply contract ended illegally?

The company had supplied Daimler with seat covers until 2014 and accuses the car maker of having illegally terminated the supply contract shortly after new terms had been agreed. Daimler in turn accuses the supplier of having forced these new conditions with the unlawful threat of a delivery stop.

The car maker announced that the legal proceedings will now continue. The action is considered unfounded. The “Automobilwoche” had previously reported that.

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In the event that the procedure is not terminated by a settlement, the judges have already requested answers from the parties to a number of outstanding issues. Among other things, they consider the amount of the alleged damage to be incomprehensible. It is therefore also unclear whether there was a delivery obligation for Prevent at the time in question – because only then would the announcement of a delivery stop be regarded as an unlawful threat at all. Prevent announced that it would now deduce the claim in detail for the court.

la / dpa

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