14.06.2021 – 10:25
Dr. Hartung Rechtsanwaltsgesellschaft mbH
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Mönchengladbach (ots)
The Frankfurt am Main regional court has to renegotiate a diesel case. The Frankfurt Higher Regional Court declared the plaintiff’s submissions regarding a fraudulently concealed material defect or due to deliberate immoral damage to be conclusive and thus undermined the defense strategy of Daimler AG.
The Frankfurt am Main Higher Regional Court has clearly positioned itself in the diesel exhaust scandal (judgment of May 20, 2021, case number: 3 U 7/20) and, on appeal from an injured consumer, the judgment of the Frankfurt am Main district court (judgment of December 3, 2020, case number: 2-14 O 243/19) and the matter was referred back to the responsible regional court for renewed hearing and decision.
In July 2013, the plaintiff had acquired a used Mercedes-Benz E 350 CDI Coupé with an odometer reading of 26,024 for 37,000 euros. The vehicle is equipped with an OM642 diesel engine. In the proceedings before the regional court, the injured consumer had explained in detail that the vehicle was equipped with illegal defeat devices. For example, there is engine control software that recognizes a narrow temperature window that corresponds to the temperature when running through the test cycle. If the corresponding temperature window is recognized, the exhaust gas cleaning by exhaust gas recirculation, exhaust gas aftertreatment or other measures compared to the exhaust gas cleaning, which takes place in other temperature windows, is considerably intensified and optimized.
“In addition, a so-called coolant setpoint temperature control is used. The coolant setpoint temperature control is an impermissible shutdown device that detects when the vehicle is on the test bench. If this is the case, this control ensures that the entire cooling circuit is kept cool as long as possible. “Shutdown devices such as thermal windows for exhaust gas cleaning in diesel vehicles or coolant setpoint temperature controls are generally not permitted. This was made clear by the EU Advocate General Eleanor Sharpston in her final motion on a high-profile case at the European Court of Justice. The decisive factor in the ECJ proceedings is the statement that temperature-dependent exhaust gas control systems also represent impermissible shutdown devices, “says Mönchengladbach lawyer Dr. Gerrit W. Hartung from 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 considered a “diesel lawyer” from the very beginning.
“The regional court rejected the lecture of the injured consumer as out of the blue and thus followed the defense strategy of Daimler AG, which rejected the statements made as speculation. However, this did not catch on in the appeal proceedings before the higher regional court. The judges stated that the Claim by the vehicle buyer regarding liability for intentional immoral damage according to § 826 BGB could be successful “, emphasizes Dr. Hartung. Contrary to the opinion of the regional court, the plaintiff’s submissions with regard to a fraudulently concealed material defect or precisely because of deliberate immoral damage are conclusive “, explains Dr. Gerrit W. Hartung. Above all, the presence of the coolant setpoint temperature control has the higher regional judges in mind for their decision brought by the injured consumer.
Particularly gratifying for diesel lawyer Dr. Gerrit W. Hartung is the fact that the Higher Regional Court of Frankfurt am Main is referring to the much-noticed decision of the Federal Court of Justice of January 28, 2020, which he won with a cooperating BGH lawyer. According to this, claims for damages in the exhaust gas scandal against Daimler AG cannot simply be rejected by a court as allegations “in the dark”. “The court expressly appreciates the fact that the substantiation requirements for the presentation of a material defect should not be overstrained with regard to the manipulation of exhaust emissions on diesel vehicles. For consumers who have suffered in the exhaust gas scandal, this appeal judgment is very good news, which can give the matter further positive momentum.”
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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