Diesel scandal: Mercedes-Benz in court

Today, the trial of the model case against Mercedes-Benz begins at the Higher Regional Court in Stuttgart. This is supported by the Federal Association of Consumer Organisations on the basis of the decision of the Federal Motor Transport Authority. Not only VW, but also the Stuttgart-based car manufacturer had not complied with the rules on exhaust gas purification and had to recall vehicles due to inadmissible defeat devices. In 2018 and 2019, a total of hundreds of thousands of diesel cars were taken off the market as a result.  

Various models are now affected. The entire GLC and GLK series, which were recalled because of the OM651 engine installed in them, are now covered by the model lawsuit. According to the consumer advice centre, up to 50,000 customers could have joined the action. However, about 2,800 consumers have registered in the register of complaints. It remains to be seen whether all of them meet the requirements and can be counted among those affected.  

Specifically, Mercedes is accused of having an exhaust gas purification system that ran correctly in laboratory tests, but switches off during normal operation. In other words, pollutant limits were complied with in the factory, but not on the road - where the exhaust gas cleaning system led to limit values being exceeded. According to the consumer association, the car manufacturer had acted immorally and intentionally in installing various defeat devices. These include, for example, the coolant setpoint temperature control, as well as the deactivation of the online and fill level mode in the AdBlue dosing system. Instead, the thermal windows are not an issue in the test case. This is because, according to the Federal Court of Justice, no claims for damages could be based on them.  

It is precisely for these reasons that customers would have a claim for damages. However, Mercedes does not seem to want to give in so far.  Not only does the company still consider the claims to be "unfounded", but it is also taking legal action against the decisions of the Federal Motor Transport Authority. The court also shares the manufacturer's opinion to a small extent. There is no evidence that the carmaker's board of directors was aware. However, the Higher Regional Court will assume that the possibility exists in any case that an impermissible defeat device was used. However, further investigations are necessary to determine whether Mercedes-Benz is liable. It is already clear, however, that the knowledge of the head of the department responsible for engine development could lead to liability on the part of the car manufacturer. However, this only concerns vehicles of the Euro6 emission class. The lawsuit concerning Euro5 vehicles could in fact soon be withdrawn.  

Regardless of the verdict of the Higher Regional Court, the decision in Stuttgart will be important. The diesel scandal is not only a question of consumer protection, but also of the protection of the general population and the environment. Since the vehicles had met the emission standards on paper, they were allowed to enter the numerous environmental zones. Zones that aim precisely to control pollution levels in order to protect the health of residents and limit air pollution. With its misleading exhaust gas purification system, Mercedes-Benz would have jeopardised all this and probably often led to limit values being exceeded in the cities. If there were any doubt about the actual emissions of Mercedes' or other car manufacturers' vehicles, the solution could only be one: tightening up the environmental zone regulations.