▷ Daimler emissions scandal: New OLG ruling from Naumburg – and for the first time soon legally binding


01.11.2021 – 12:06

VON RUEDEN

Berlin (ots)

The Higher Regional Court (OLG) Naumburg in Saxony-Anhalt passed another important and consumer-friendly judgment in the Mercedes emissions scandal on October 15, 2021. What is special: It is the first OLG judgment against Daimler AG in the diesel scandal, which will soon become final. And: The judges in Naumburg are clearly in favor of that Set coolant temperature control to be regarded as an impermissible defeat device.

The office of VON RUEDEN was able to achieve a success for a Mercedes driver before the OLG Naumburg (Az. 8 U 24/21). The eighth Senate overturned the previous decision of the Magdeburg Regional Court and awarded the consumer 16,543.40 euros in damages – against the return of the manipulated Mercedes-Benz GLK 220 CDI 4 MATIC with the Euro 5 diesel engine OM 651. Three points in the OLG judgment Naumburg are of particular importance:

1. Inadmissible coolant setpoint temperature control (KSR): The OLG Naumburg classifies the KSR as inadmissible, even if the vehicle would comply with the limit values ​​without this function. This is particularly positive for vehicle buyers who were previously not affected by a mandatory recall, but by a voluntary customer service measure. “The Senate is rejecting the previous practice of the Federal Motor Transport Authority. The authority did not officially recall the vehicles if they verifiably contain the KSR, but comply with the limit values ​​when the KSR is switched off.”, Says lawyer Manuel Müller, who heads the OLG Judgment for the law firm VON RUEDEN in the lead.

2. Imminent legal force: The judgment is expected to become final in November because the OLG Naumburg has not allowed the appeal to the BGH. A possible non-admission complaint then does not apply, as the required complaint of 20,000 euros is not reached. This means that no further legal remedies – such as a complaint before the Federal Court of Justice – can be lodged. As a result, this consumer-friendly OLG decision is pointing the way for further proceedings in the Daimler emissions scandal.

3. Ineffective clause in the loan agreement: The OLG Naumburg confirms the opinion of the law firm VON RUEDEN that the clause used in a large number of loan agreements with which claims against companies belonging to the group (Daimler AG, leasing companies) should be assigned to Mercedes-Benz Bank AG “for whatever legal reason”, is ineffective. The previously competent Magdeburg Regional Court had taken the view that the asserted claim for damages for intentional immoral damage had not remained with the plaintiff, but had been transferred to Mercedes-Benz Bank AG with the conclusion of the vehicle-financing loan agreement. “The assessment of the OLG Naumburg can now also be transferred to other of these cases, so that consumers who have financed the vehicle through a so-called car bank can also sue for damages,” explains lawyer Manuel Müller.

The law firm VON RUEDEN was not only able to deal with the first four in the Mercedes emissions scandal Judgments against Daimler at all, but also the first OLG judgment and now also the first legally binding OLG judgment. The law firm advises and represents over 14,000 diesel drivers and mobile home owners nationwide in the emissions scandal. VON RUEDEN is recommended by Finanztip as one of the leading law firms in the diesel scandal.

Press contact:

VON RUEDEN – partnership of lawyers
Manuel Müller
Leipziger Platz 9
10117 Berlin
030 / 200 590 770
[email protected]
https://www.rueden.de/
https://www.rueden.de/abgasskandal/kostenlose-erstberatung/

Original content by: VON RUEDEN, transmitted by news aktuell


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