Will Carmaker Daimler because of the Diesel affair on Compensation sued, apparently has rather bad cards so far. Thousands of car owners who used illegal tricks at the company Exhaust gas cleaning accusing and feeling deceived have already been brought to trial – mostly without success.
Of about 2200 proceedings before the various regional courts in Germany So far only 80 have gone in favor of the plaintiffs, says Daimler. And in the next higher instance, before the higher regional courts, none of almost 60 at all. There are some comparisons, a number “in the low double digits,” it says.
Major construction site
In his hometown Stuttgart However, the company is threatened by a completely different type of large legal construction site. The regional court there has been working on a stack of for months complain and applications from Daimler investors, too Compensation request – but for other reasons.
Too expensive
Of the Carmaker, she argued, had an illegal shutdown technique in his Vehicles used and kept the financial risks associated with it from the investors. This made the shares they bought back then too expensive. And they want to do that in one Model process by the Higher Regional Court Stuttgart get certified.
complex
However, it is unclear when this will happen. The district court responsible first of all has to bundle all applications, the so-called so-called Finding goals Bring it under one roof and then submit the case to the Higher Regional Court. And the applications are numerous and complicated. “Both the plaintiff side and partly the defendant side have extensive and complex content Finding goals formulated, ”says a court spokeswoman. “There are applications in which only the plaintiff’s page 82 Finding goals has formulated. “
Model process
A whole bunch of applications from the Tilp law firm specializing in investor lawsuits Kirchentellinsfurt were submitted by the district court in mid-February, making it a formal requirement for a Model process actually fulfilled. However, there are other, very complex applications, on which the court is still waiting for statements from the parties. “Then the chamber will decide on the further procedure in due course,” says the spokeswoman.
corona
Tilp also represents in the model investor proceedings against Volkswagen the plaintiff side. At the beginning of the year the law firm was a lawyer Andreas Tilp assumed that the intended proceedings against Daimler could begin before the summer break. But that was also before corona. Therefore, there is currently no new stand, the firm said.
Daimler can do it all in one Model process not specific to Compensation to be judged. It would only clarify fundamentally relevant circumstances, i.e. above all whether Daimler should actually have published certain information or not. Other courts could and would have to rely on this in individual proceedings.
Inside information
The district court Stuttgart must therefore also deal with such individual proceedings against Daimler in parallel with the sample procedural applications. It is said to be about 65 at the moment, and some of them are also very extensive, but with the same thrust. Daimler violated the requirement to inform the capital market of inside information.
“The plaintiffs have therefore bought the Daimler shares too expensive, we believe that Daimler is liable for damages,” Tilp emphasized at the beginning of the year. He had one at the time legal action with which more than 200 institutional investors, for example banks or funds, are demanding almost 900 million euros.
defense
Daimler defends itself against the allegations, as it does in the case of complaining car owners. The group followed the instructions of the authorities and has hundreds of thousands vehicles called to the workshops for a software update. However, he insists that he has not used any improper technology. “We keep them complain for unfounded and will defend ourselves against the allegations with all legal means – if necessary also in any Model process“Says a spokesman.
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