Daimler ordered to pay damages in Mercedes emissions scandal

Hamburg Regional Court (Landgericht Hamburg), in a ruling dated September 28, 2021, has ordered Daimler AG to pay damages in the so-called Mercedes emissions scandal. The judgment concerned a Mercedes-Benz ML 350 BlueTEC 4MATIC vehicle found to be equipped with an impermissible shut-off device.

The court determined that the vehicle's Euro 6 OM 642 diesel engine incorporated a "coolant setpoint temperature control" that reduced the rate of exhaust gas recirculation outside of the test cycle, resulting in elevated nitrogen oxide (NOx) emissions in real-world driving. The lawsuit detailed four functions designed to detect the test bench and generate low emissions figures, while reducing exhaust aftertreatment during actual road use.

Hamburg Regional Court largely affirmed the technical findings presented by the law firm Hahn Rechtsanwälte, which represented the plaintiff. The buyer had acquired the vehicle used in February 2014. In its ruling, the court ordered Daimler AG to refund the purchase price of EUR 60,000 upon the return of the vehicle. An allowance for the kilometers already driven would be deducted. Consequently, the plaintiff recovered more than half the purchase price for the nearly nine-year-old car, which had accumulated over 125,000 kilometers.

Hahn Rechtsanwälte reports having achieved over 120 similar favorable judgments in Mercedes emissions scandal cases related to illegal shut-off devices. The firm offers a free case review for Mercedes owners to determine if their vehicles are affected and what legal recourse they may have.