Sample declaratory action against Daimler in the diesel scandal

Exhaust gas scandal

It is now really expensive for Daimler? Consumer advocates start model declaratory action

Sample declaratory action against Daimler in the diesel scandal-diesel
Daimler A Mercedes during an exhaust gas check in traffic

  • Site editor Sebastian Viehmann

Anyone who drives a Mercedes with a diesel engine had to go to the workshop in many cases because of officially arranged callbacks. The Consumer Center Bundesverband VZBV is now starting a model declaratory action as with VW. How Daimler reacts.

This was learned from well -taught circles. Previously reported "Handelsblatt". A VZBV spokeswoman had initially only confirmed on Tuesday that one "The next model declaratory action" will present on Wednesday, but not yet mentioned a company. Now it is clear: the Swabian carmaker has to prepare for legal trouble. According to Volkswagen, Daimler is the second car manufacturer in which consumer advocates want to use a model declaratory action that many car buyers affected in the diesel scandal are compensated by the group.In the VW sample process, it was found that VW had damaged its customers in immoral. In such cases, customers have to complain individually in such cases, but Volkswagen had made a compensation offer for all affected owners of the manipulated EA189 diesel engines. Most of the customers had accepted this.

Numerous diesel cars from Daimler affected

However, the two cases are not comparable in all points. Daimler had installed several exhaust gas switching devices with the Euro 5 emissions standard, which the Federal Motor Transport Authority (KBA) rated as not permitted. The KBA arranged for numerous models-including diesel cars of the A, B, C and E-Class as well as many SUV models such as the GLK-re-calling recalls, in which the exhaust control had to be modified. According to information from the well-known law firm ROGER & ULBRICH, which was already involved in the VZBV lawsuit against Volkswagen, there have been 21 separate recalls in Germany at Daimler, which is more than 120.000 Diesel cars of the exhaust gas classes concern Euro 5 and Euro 6.

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So far it remains open what quality the exhaust gas scandal has at Daimler. So whether it is demonstrated, similar to Volkswagen in the course of the process, that admission procedures have been deliberately manipulated. VW had admitted this, Daimler has been denying it in court so far.

Daimler says that about the lawsuit

A Daimler spokesman told Site that the model declaratory action had not yet been delivered. It also said: "We consider the claims asserted in diesel lawsuits against us and will continue to defend ourselves – also as part of a possible model determination lawsuit. With a model declaratory action, important legal questions can be clarified more efficiently, which we generally welcome. To what extent this will be possible in this case remains to be seen. The case law in the individual procedures currently has almost exclusively in our favor. In the individual procedures, the German land and Oberland courts have so far decided in around 95 percent of the cases in favor of the company."

According to information from Site, however, a judgment of the Stuttgart Regional Court against Daimler will soon be final. The plaintiff can return his vehicle, a Mercedes ML 350 Bluetec, to the dealer and receive almost 35.000 euros plus default interest. Daimler also has to pay 90 percent of the process costs. However, the advantage of the model declaratory action is that in the event of negotiated comparison, the customers are compensated with a certain amount, but can keep the car.

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In dispute around 40.000 euros per vehicle

During the average amount in dispute at Volkswagen per vehicle around 25.000 euros, there are around 40 at Daimler.000 euros. The possible compensation amount that could come to Daimler is therefore considerable. In the Volkswagen pattern comparison, lawyers of VZBV and VW had agreed between 1350 and 6257 euros for the participating customers after some back and forth for the participating customers. Almost all claims considered justified – 245.000 cases – were compensated for by comparison, it said a year ago from the group. More than 750 million euros were paid out for this.

BGH process with interim success for Daimler

In a BGH process, Daimler had only recently been able to success because the Federal Court of Justice "Thermal window" – i.e. a temperature -controlled reduction in the exhaust gas control – was not called prohibited per se. The thermal window always works equally, whether on the street or in the test. Volkswagen, on the other hand, had secretly used software in millions of diesel cars, which veiled the test bench that too many pollutants were expelled. However, in the Daimler process, lawyers emphasized that Daimler had to carry out recalls, probably as illegally evaluating, because of others .

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9 thoughts on “Sample declaratory action against Daimler in the diesel scandal”

  1. All car manufacturers should
    leave Germany immediately and produce abroad. The released workers in … leave Germany immediately and produce abroad. The workers released could then work in environmental and climate protection (Z.B. In windbill, blow the wind turbines to generate electricity). Here, in D, almost everything that works well is sued by some crazy people. By the way, I have a no frost freezer that you have to defrost at least twice a year, here you should complain because the device does not comply with the information and makes the stored foods unusable.

  2. Judges block buyers
    Who is to blame for the scandal? The state has not controlled it is complicit with it. Dishes can be cheated by manufacturers. They know that and are also complicit. Everything at the expense of buyers. Thanks FRG again the little ones are the stupid…

  3. Who is suing the manufacturing process of the e-cars
    People, comes in life, does not sell us as stupid. We know everything, including the e-drivers, who already produces the production more than a combustion engine in 10 years behind "exhaust gas". Why always these complaints against the combustion drivers, why? If you want to have money, get the subsidies from the electric cars, a lot collects, but please spare and with complaints against corporations that then have to make their cars more expensive and the normal can no longer do it. And if the e-cars were free, none wants to have damn seam.

  4. Mr. Meiser
    About long-term studies we all know what gasoline/diesel consume everything, where is the study for e-cars? You can’t currently do this hype "From cloud 7" Get, for that, the politics has a "Flea put in the ear". If you want to express it like this if the hoped -for success does not occur by 2030, everyone has failed, and the greatest shame is that it is subsidized (Pfui)

  5. Mercedes Diesel
    Finally stop that nobody is interested! I deliberately bought a Mercedes Benz with a diesel engine because it still represents the best concept for me.

  6. Mercedes Diesel
    Why have drivers have bought a diesel car over the years? The reason it is an economical car in consumption and also powerful. When buying, hardly any buyer thought of what has been played so high in recent years. Who feels cheated by the manufacturer? The diesel drivers have long caught up in any windy RA law firms to file a lawsuit. It is lured with utopian repayments by the manufacturers and so all sorts of "discounts". Now this topic is off the table, diesel cars in recent years are the cleanest that ever existed in this category and ultimately have better values than the high-cheered electric cars with all their inadequacies. But the campaigns keep going. It must be worth it for the "operators"!

  7. Rather herd behavior
    I doubt that buying a diesel is a rational decision. Diesel are only bought in Europe, otherwise nobody wants it. I was faced with the decision several times and chose the petrol engine after a cool weighing. Cheaper purchase price, lower repair costs, less taxes, more horsepower, quieter driving. And the consumption? My petrol engine needs 6.5 liters, the diesel 5.5.

  8. Diselskandal
    If the switch -off systems were approved, why these complaints? German industry must be broken.A lot is already being transferred to Nuclear.Germany is getting more and more a truth becomes.

  9. If you have no idea ….
    Departmental devices were never prohibited and the thermal window is still available in every diesel today. The technically cannot be solved otherwise. This is a fact and state of the art. The question is rather: what was made of it and you can talk about that. To describe the shutdown here as prohibited is simply nonsense


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