Prevent fails comparison with Daimler

Supplier Prevent demands from Daimler 40 million euros, because the car maker is said to have ended delivery orders for seat covers unlawfully. A settlement proposal of the judge rejected Prevent.


Firmensitz des Automobilzulieferers Prevent

Headquarters of automotive supplier Prevent

Wednesday, 16.05.2018
15:52 clock

Of the Damages dispute over the delivery of seat covers between the supplier Prevent and the car manufacturer Daimler will continue in court. A settlement proposed by the district court Stuttgart did not come within the set period, said a court spokesman.

Just over a month ago, the judges suggested that Daimler pay more than five million euros to Prevent and that the supplier would pay most of the court costs in return.

Prevent had demanded damages of more than 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.

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.

Judges have a lot of questions

The car maker announced that the legal proceedings will now continue. The action is considered unfounded.

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.

With legal skirmishes, the Prevent Group, owned by the Bosnian entrepreneurial family Hastor, has plenty of experience. Thus, the supplier also came into conflict with VW, whereupon the car maker to the companyannounced in April this year,

(Az 11 O 32/17)

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