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