Stuttgart court orders damages for manipulated Mercedes-Benz GLC 220d

The Stuttgart Regional Court ordered Daimler AG to pay damages in a further case concerning the Mercedes emissions scandal. In a ruling on November 26, 2020 (case 46 O 76/20), the court found that the buyer of a Mercedes-Benz GLC 220d 4MATIC is entitled to damages of €38,169.53 due to intentional and unconscionable harm. In exchange, the buyer must return the manipulated vehicle.

The plaintiff had purchased the new vehicle, equipped with an OM 651 engine and Euro 6 emissions standard, in February 2017 for €47,796.35. Since acquisition, the vehicle had been driven 60,424 kilometers. The user advantage for the mileage driven must be credited, calculated based on a hypothetical total mileage of 300,000 km. At the time, there was no mandatory recall by the Federal Motor Transport Authority (KBA) for the GLC. The plaintiff opted to have the software update installed as part of a voluntary customer service measure.

The court confirmed that the vehicle in question was fitted with a "coolant temperature control" which constitutes an impermissible deactivation device. The court stated that it makes no difference whether exhaust gas purification functions exclusively on the test bench (as with the VW Group's EA189 engine) or whether it effectively functions primarily on the test bench (as in this case). By entering into the purchase contract or acquiring the vehicle, the plaintiff suffered damages. Therefore, according to § 826 of the German Civil Code (BGB), they have a claim for compensation for their damages due to intentional and unconscionable harm. In return for the vehicle, Daimler AG must refund the purchase price less an allowance for use.

"HAHN Lawyers represents over 4,000 affected individuals nationwide in the Daimler emissions scandal. Numerous lawsuits have already been won in favor of consumers due to illegal deactivation devices in Mercedes diesel vehicles," stated Peter Hahn, a lawyer based in Hamburg. Clients receive the purchase price back, minus a usage allowance, and return the manipulated vehicle to the manufacturer. Alternatively, a lump-sum payment can be agreed upon if the owner wishes to keep the vehicle.