Numerous models affected
Daimler process: "Thermal window" With diesel engines are legal
Daimler A Mercedes during an exhaust gas check in traffic
According to the BGH, a temperature -controlled reduction in exhaust gas cleaning is not an illegal shutdown device that is based. However, lawyers point out that Daimler had to remove a number of other functions of their engines.
The top civil judges of the Federal Court of Justice (BGH) made it clear on Tuesday at their first trial that there are probably no claims for damages from the use of technology alone. Similarly, they had commented in writing in January. Nevertheless, the case should be referred back to the Koblenz Higher Regional Court because other allegations of manipulation of the plaintiff against Daimler have not been investigated there. It became a announcement date for the 13. July scheduled, as the BGH announced in Karlsruhe after the negotiation on Tuesday. (AZ.: VI ZR 128/20)
Thermal window reduces exhaust gas cleaning in the case of cold
At a "Thermal window" the exhaust gas cleaning is reduced, especially at low, but also at very high outside temperatures, and then switched off to protect the engine. The plaintiff from Rhineland-Palatinate is of the opinion that this is the same as an inadmissible shutdown device. In addition, he accuses Mercedes of several further interventions in the engine control, which led to higher exhaust gas values in the driving operation than on the test bench. Daimler considers the technology to be admissible and expects the BGH assessment to have "a guide for thousands of legal proceedings".
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The BGH now negotiated this for the first time. In a non -admission decision without an oral hearing, the Karlsruhe judges had already decided in January that a thermal window was not legally comparable to a shutdown device.
Daimler had to call back numerous vehicles
The plaintiff’s lawyer, dr. Marco Rogert, however, points out that Daimler had to call back numerous diesel cars based on the order of the Federal Motor Transport Authority (KBA) because of other functions. "In autumn 2018, the Federal Motor Transport Authority initiated a formal hearing procedure for suspicion of a further shutdown device against the defendant. A software function activates a special temperature control ("coolant-set temperature control"), which keeps the coolant circuit artificially colder and delayed the warming of the engine oil. This is the only way to remain the nitrogen oxide values on the test bench below the legally prescribed limit values. In real driving, however, this function is deactivated and the legal limit of 180 mg/km is significantly exceeded. The software function was found during emission measurements on a Mercedes GLK 220 CDI", Rogert explains. Since then, many other models have been called back with this diesel engine, including A, B, C, E and S-Class.
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Collective lawsuits in the USA
"The Federal Motor Transport Authority discovered not only thermal windows in the recalled vehicles, but a total of five different switch-off devices", says the lawyer Claus Goldenstein, whose law firm had obtained the first BGH diesel judgment in May 2020. "Daimler has specifically developed vehicles that only adhere to the prescribed environmental guidelines on the test bench. In the United States, the Stuttgart Group already agreed with the authorities and 250.000 collectors on a billion -dollar comparison because of the exhaust gas scandal. However, even European Mercedes owners had to accept enormous losses in value from their vehicles because of the exhaust gas scandal", So Goldenstein continues.
The diesel scandal concerned millions of vehicles from different manufacturers worldwide. Volkswagen had shown the greatest criminal energy with its Skoda, Seat, Porsche and Audi group brands. Numerous processes follow, among other things, against the ex-Audi boss Stadler and the ex-VW boss Winterkorn. So far, VW has at least compensated the owners of vehicles with EA189 diesel engines.
Diesel scandal: the real background
The exhaust gas scandal is the largest scandal in German automotive history. He cost Volkswagen and other corporations billions and revealed dramatic undesirable developments, especially in the VW group. But the scandal is also used politically to push through goals such as driving bans. How did the diesel drama even come? What is actually behind the "German environmental aid"? And why are there only diesel driving bans in Germany for cars that are not even four years old, which are justified with local exceedings of measured values? Site has been looking behind the scenes since 2015.
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- Secret financing, support from politics: what really behind the "German environmental aid" plugged
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