MeterDrivers who use so-called “hot window” diesel are not entitled to compensation.This Federal Court It was decided on Tuesday that this motor control device will not be unethical and no damage claims can be made.
“We welcome BGH’s decision. This is the guiding principle for thousands of legal proceedings in Germany,” a Daimler spokesperson commented immediately after the verdict was announced. This decision is not surprising, because with regard to the case from the Koblenz High Regional Court, The federal court held public negotiations two weeks ago. The plaintiff had requested Daimler Take back his car-a Mercedes C-Class that he bought for 35,000 euros in 2012-and compensate him for the purchase price minus the number of kilometers traveled. Even at the hearing at the end of June, Senate Chairman Stephan Seiters pointed out that there is an important difference between Volkswagen and Volkswagen, which was deemed fraudulent by the Supreme Court. Although the software used by Volkswagen in the EA 189 engine deliberately creates a difference between normal operation and test conditions, this is not the case with Daimler. According to BGH: At Mercedes, the technology is consistent, whether On the road or on the test bench.
The case has not yet been finalized
Due to various allegations related to the purification of diesel vehicle exhaust, Daimler had to conduct a total of 5 product recalls on more than 250,000 vehicles. In this case, the Federal Motor Transport Administration (KBA) did not issue a recall order. A few days ago, the so-called car model declaration action proposed by the Consumer Advisory Center did not involve car models.
The case currently under negotiation has not been finally concluded with the BGH ruling. The plaintiff accused Daimler of using other unacceptable devices to manipulate exhaust gas, including through cooling systems. The Koblenz High Regional Court did not investigate this specific allegation. This must be remedied now.
