▷ Daimler diesel exhaust scandal: Another evidence decision by a higher regional court


26.10.2021 – 19:39

Dr. Hartung Rechtsanwaltsgesellschaft mbH

Mönchengladbach (ots)

In a diesel case involving a Mercedes-Benz GLK 220 CDI 4Matic with the four-cylinder diesel engine OM651 and the Euro 5 emissions standard, the Cologne Higher Regional Court has ordered a decision to take evidence. This can bring further consumer-friendly momentum to the OM651 complex of Daimler AG.

Is Daimler AG getting bigger and bigger problems with Euro 5 vehicles of the engine group OM651 in the diesel exhaust scandal? The four-cylinder diesels are now regularly the focus of diesel proceedings, and the courts decide in the overwhelming majority of cases in the interests of the injured consumer. Most recently, the higher regional courts in Stuttgart and Oldenburg ordered that official information from the Federal Motor Transport Authority be obtained in order to collect evidence for exhaust gas manipulation.

The Cologne Higher Regional Court (decision of October 14th, 2021, Az .: 12 U 79/20 to Az .: 8 O 332/19, Regional Court Aachen) has now joined this development and is requesting official information from the Federal Motor Transport Authority in a diesel proceeding a Mercedes-Benz GLK 220 CDI 4Matic with the OM651 diesel engine and the Euro 5 emissions standard. The four-cylinder diesel was first registered in February 2013.

“The court wants to know, among other things, whether the software installed by Daimler AG, which is responsible for the emissions control system, recognizes the test situation and whether the standardized test situations are recognizable through ‘unnatural driving behavior’, i.e. high wheel speeds without moving the vehicle. The court also asks whether, under these conditions, the exhaust gas treatment has been optimized so that as few nitrogen oxides as possible are produced while parts of the exhaust gas control system are put out of operation during normal driving, which is why the NOx emissions are then considerably higher, “says Mönchengladbach lawyer Dr. Gerrit W. Hartung from the Dr. Hartung Rechtsanwaltsgesellschaft mbH (www.hartung-rechtsanwaelte.de). The law firm deals exclusively with investor and consumer protection issues and specializes in advising those affected by the emissions scandal. Dr. Gerrit W. Hartung is regarded as a “diesel lawyer” from the very beginning and has enforced the decision on evidence before the Cologne Higher Regional Court.

Furthermore, evidence is to be raised about the claim of the injured consumer that a so-called coolant setpoint temperature control – also referred to as “hot restart” – is installed in the vehicle, which serves to identify the test bench and the associated switching between different emission control modes. “Another question is: Does the data stored in the vehicle mean that the emission-optimizing strategy ‘regulated coolant thermostat’ only starts under test bench conditions, under the other operating conditions that can reasonably be expected, i.e. not in normal road traffic?” Emphasizes lawyer Dr. Gerrit W. Hartung.

Finally, it should be clarified whether there are further strategies in the vehicle, which are also illegal disconnection devices. According to the evidence, these include, for example, the thermal window, the “Slipguard” function as test stand detection based on speed or acceleration values ​​and the steering wheel angle detection.

“From the consumer’s point of view, the progressive decisions by the Higher Regional Court show a positive development, as it brings more clarity for successful fraud liability suits against Daimler AG,” emphasizes Diesel expert Dr. Gerrit W. Hartung.

Press contact:

Dr. Hartung Rechtsanwaltsgesellschaft mbH
Dr. Gerrit W. Hartung
Humboldtstrasse 63
41061 Mönchengladbach
Phone: 02161 68456-0
Email: [email protected]
Internet: www.hartung-rechtsanwaelte.de

Original content by: Dr. Hartung Rechtsanwaltsgesellschaft mbH, transmitted by news aktuell


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