The chances of lawsuits against Daimler are slim because of the so-called thermal windows in Mercedes diesel engines. In the first hearing of the Federal Court of Justice (BGH) today, it again became clear that no claim for damages from this type of engine control can be made. The court has already issued a similar written statement in January.
The “thermal window” is the area in which the engine management system minimizes exhaust gas recirculation and possibly even urea injection if the engine does not reach the operating temperature required for full emissions control. This is to prevent deposits in the engine and catalytic converter and thus prevent potential damage.
However, it can also be used to regulate urea (“AdBlue”) and exhaust gas after treatment over long distances to reduce fuel consumption and/or increase performance. A differently functioning exhaust manipulation after treatment with these targets has already been interpreted as fraud by Volkswagen. BGH then sentenced the group to compensation for damages in May 2020. The plaintiffs make the same claim about Daimler.
BGH sees no fraudulent intent
According to the court’s opinion of January 26, 2021, however, it must be established that the people of Daimler acted with an awareness of “using an unacceptable defeat device and admiringly admitting to the violation of the law contained therein”. was. Daimler sees the technology as permissive and expects the BGH valuation to be “the guiding principle for thousands of court cases.”
The case will again come to the Higher Regional Court in Koblenz because other allegations of manipulation by the plaintiffs against Daimler were not investigated. The verdict is to be announced in the next few weeks, with the exact date still open. (Az. VI ZR 128/20)
(image: EPA
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(FPI)
