Mercedes-Benz loses model declaratory action: defeat devices unlawful.

Mercedes-Benz loses model declaratory action: defeat devices unlawful.

The model declaratory action against Mercedes-Benz Group AG, which was filed by the Federal Association of Consumer Organizations in the wake of the diesel scandal, was successful. The Stuttgart Higher Regional Court ruled that Mercedes had installed illegal defeat devices in its vehicles. A total of 2,848 consumers had joined this lawsuit and it is no longer possible to join the lawsuit. The court has now set conditions for compensation for Mercedes GLC and GLK models with the OM 651 engine type.

The reason for the model declaratory action was the recall of hundreds of thousands of GLC and GLK diesel vehicles with the OM651 engine by Mercedes-Benz on the orders of the Federal Motor Transport Authority in 2018 and 2019. The accusation was that impermissible defeat devices were used in order to comply with the exhaust gas values ​​in tests, but were significantly exceeded in regular road traffic. Mercedes-Benz Group AG initially denied that it had acted unlawfully and had harmed consumers.

The Stuttgart Higher Regional Court has now confirmed that Mercedes actually used illegal defeat devices in the vehicles in question. It was also found that the Euro 6 models were intended to cause harm to consumers. They now have the choice between reversing the purchase contract or reimbursement for “differential damages”, which can amount to up to 15 percent of the purchase price. Violations of European emissions standards were also found in the Euro 5 models, but no intent on the part of Mercedes was assumed.

Mercedes has announced that it will appeal the ruling and the Federal Court of Justice will rule on the case again. Similar to a model declaratory action against Volkswagen, a settlement was reached in which participants received between 1,350 and 6,257 euros. Only if the judgment before the Federal Court in Karlsruhe is valid can consumers enforce their claim for damages.