Exhaust gas manipulation: Consumer advocates achieve partial success against Mercedes-Benz
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Mercedes Benz has installed illegal defeat devices in certain diesel cars. This emerges from a ruling by the Higher Regional Court (OLG) Stuttgart, which was announced by the presiding judge Thilo Rebmann. This means that consumer advocates have partially prevailed in their lawsuit against the Stuttgart car manufacturer. After the OLG ruling, Mercedes announced that it would appeal.
The so-called model declaratory action before the Higher Regional Court was filed in 2021 by the Federal Association of Consumer Organizations (vzbv). It is related to the so-called diesel or Emissions scandal. The procedure began in July 2022. However, it was postponed several times Fundamental decision of the European Court of Justice (ECJ) as well as one of the Federal Court of Justice (BGH) to be seen, who also dealt with the emissions scandal and so-called defeat devices in cars. Both rulings strengthened consumers’ rights.
In the lawsuit, the consumer advocates focused on vehicles with a specific type of engine. These were affected by a recall notice from the Federal Motor Transport Authority (KBA). In the KBA’s opinion, Mercedes had installed an inadmissible defeat device in this car. The car manufacturer denied the allegations at the time.
Consumer advocates sued on behalf of more than 2,800 affected people
In proceedings before the Higher Regional Court Stuttgart The Federal Consumer Association accused Mercedes-Benz of deliberately manipulating emissions values. The vzbv therefore demanded this for a total of 2,848 affected car owners who joined the lawsuit Right to compensation. It initially remained unclear how many of those affected could be entitled to compensation after the verdict.
Parts of the lawsuit were dismissed by the Stuttgart court. In addition, both vzbv and Mercedes-Benz can still appeal against the judgment at the Federal Court of Justice. Only if the ruling in Karlsruhe stands, consumers could enforce their right to compensation.
Regarding the intended revision, a Mercedes spokesman said: “We represent a different legal opinion than the court.” They consider the claims against the company to be unfounded and will defend themselves against them.
Mercedes Benz has installed illegal defeat devices in certain diesel cars. This emerges from a ruling by the Higher Regional Court (OLG) Stuttgart, which was announced by the presiding judge Thilo Rebmann. This means that consumer advocates have partially prevailed in their lawsuit against the Stuttgart car manufacturer. After the OLG ruling, Mercedes announced that it would appeal.
The so-called model declaratory action before the Higher Regional Court was filed in 2021 by the Federal Association of Consumer Organizations (vzbv). It is related to the so-called diesel or Emissions scandal. The procedure began in July 2022. However, it was postponed several times Fundamental decision of the European Court of Justice (ECJ) as well as one of the Federal Court of Justice (BGH) to be seen, who also dealt with the emissions scandal and so-called defeat devices in cars. Both rulings strengthened consumers’ rights.
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