Frankfurt Higher Regional Court: Possible Damages in Mercedes Emissions Scandal
A ruling from the Frankfurt Higher Regional Court in December 2021 overturned a prior negative judgment, remanding a Mercedes emissions scandal case.
The Frankfurt Higher Regional Court (OLG Frankfurt) ruled on December 15, 2021, that a claimant may be entitled to damages in the Mercedes emissions scandal. The court overturned an earlier dismissal by a lower court and sent the case back for further proceedings, stating that a claim for damages due to "unconscionable harm" could succeed.
The case involves a Mercedes C 250 CDI 4MATIC. The law firm Hahn Rechtsanwälte is representing the plaintiff, seeking damages for alleged "deliberate and unconscionable harm" due to illegal emissions control measures, including a coolant temperature control system. The lower court had previously rejected the plaintiff's claims as unfounded.
The Higher Regional Court found that the lower court committed a significant procedural error by failing to adequately consider the plaintiff's arguments and right to be heard. The court deemed the arguments presented by Hahn Rechtsanwälte regarding a "fraudulently concealed defect" or "deliberate unconscionable harm" to be sufficiently substantiated.
Hahn Rechtsanwälte describes itself as an experienced firm in emissions scandals, citing over 140 favorable rulings in Mercedes cases. The firm states successful claimants may return their affected Mercedes diesel vehicles to Mercedes-Benz Group AG and receive the purchase price back, minus an offset for vehicle usage.