Exhaust gas manipulations
Sample declaration against Daimler: What does it bring consumers – and what not?
Jan Woitas/dpa/archive picture Exhaust gases flow from the exhaust of a car with a diesel engine.
Site expert Marco Rogert
It had been speculated for a long time, now the long overdue Daimler pattern festival action is coming. Anyone who has expected the big throw will be disappointed suddenly. Because the lawsuit only aims against hardly any controversial cases.
For links on this page, Site receives. A commission from the dealer, Z.B. For marked. More information not, for example, the vehicle types, which are not called back and are the subject of bitter battles in court, are raised to the subject of the model declaratory action (MFK) – but only cases that hardly lead to any problems anyway.
Daimler emissions action: Central problems are not taken into account
This is completely incomprehensible in terms of consumer protection concern. The actual issues in the procedures against Daimler are:
- There is an inadmissible shutdown device? (As a rule, this question has already been clarified for vehicles with an official recall, so that an MFK does not bring any added value here.)))
- Daimler acted intentionally? (This question is not seriously denied for all switch -off devices except for the so -called thermal window. However, there are no official recalls for the thermal window, so that these cases will not be the subject of the MFK.)))
- Daimler acted morally? For all switch -off devices except the thermal window, this is out of the question. Only there should the Federal Motor Transport Authority have given its placet for the thermal window, as Daimler claims. This, in turn. This question is also not clarified by the MFK because the "thermal window cases" will not be the subject of the MFK as described above, since the official recall is missing.
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To the diesel check
The question is therefore seriously as to what VZBV and her lawyers thought of submitting such a useless lawsuit. It does not bring anything to the participating consumers (except inhibition of limitation) nor the thousands of individual plants.
The consumer association sues only for PR reasons?
From the author’s point of view, the MFK Daimler is nothing more in its current form than a Trojan PR horse.Perhaps the Higher Regional Court (OLG) Stuttgart positions itself more of a passerby on essential questions in other procedures. That would be desirable so that the damaged consumers have some advantage through this otherwise unnecessary lawsuit.
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.
- The secret of the "Golden Cars": How authorities failed when checking the car manufacturers
- Diesel gate and AdBlue agreements-"A diesel SUV does not use two liters": Developers delivers missing puzzle pieces in the exhaust gas scandal
- New suspicion: also for Euro 6 diesel engines?
- Pollutant measurements: What the authorities have not told them
- Nitrogen oxides and fine dust: Science academy gives recommendations
- Secret financing, support from politics: what really behind the "German environmental aid" plugged
- "It’s like cash for rares": Behind the court of the VW scandal
However, the OLG Koblenz will have to deal in parallel and probably much earlier in a Daimler procedure of the ROTER & ULBRICH law firm to admissibility of the so-called coolant temperature control and the on-board diagnosis system, as the Federal Court of Justice has recently announced. After my expectation, the Koblenz OLG and the BGH will therefore create facts long before a decision about the MfK.
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Legal protection insured persons should be raised against Daimler individual lawsuit
Anyone who is insured for legal protection should therefore not be connected to the MFK, but should have an individual lawsuit collected via one of the experienced exhaust gas scandal firms. If you are not insured, you should either complain about your own cost risk (Z. B., if the local OLG has decided corresponding cases friendly). Or are looking for a financially attractive process costs financing offer. Such offers will surely shoot out the ground as mushrooms.However, one thing is clear: With this model declaratory action, the VZBV is likely to do no favor to consumers. That was different with the first model declaratory action against VW, because many factual features of a judicial examination had to be given and a homogeneous case law was not in sight.
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