Do you still have a modern car for everyday trips alongside your well-kept classic or vintage car for Sunday outings or vacation jaunts? Is it perhaps a Mercedes diesel? Then you could be affected by the Daimler emissions scandal. While classic cars do not have an illegal defeat device, the more recent cars from the German car manufacturer manipulate the emissions control system with the help of software. What is behind this?
In the test: Mercedes CLA 200 d no cleaner than Mercedes 240 D
The problem with the Daimler emissions scandal: cheating software in modern Mercedes diesel vehicles ensures that the car only complies with the legal limits for harmful nitrogen oxides (NOx) on the test bench - but no longer in everyday use. The affected Mercedes of the Euro 6 emission standard then exceed the emission limit of 80 milligrams of nitrogen oxides per kilometer many times over.
In comparison: the young Mercedes CLA 200 d from the 2013 to 2018 model years emits only slightly less nitrogen oxides while driving than a Mercedes 240 D from the W123 model series, built in 1982. The classic car releases 808 mg/km on the road, while the CLA 200 d with the current Euro 6 emissions standard emits 737 mg/km. This was determined by the Mercedes W123 Club in a scientific test. The defeat device installed in the newer Mercedes models therefore took the vehicle back around 35 years in terms of emission values.
Emissions scandal: illegal defeat device manipulates emissions values
The background to the Daimler emissions scandal: the Stuttgart-based car manufacturer Daimler has installed an illegal defeat device in numerous newer Mercedes diesel models that manipulates the emissions control system. With the help of software, the harmful exhaust gases are extensively cleaned and carefully filtered on the test benches of the approval authorities. The Mercedes vehicle thus complies with the legal limits for nitrogen oxides and is approved for road use.
The software recognizes when the car is later on the road and then throttles the exhaust gas purification. This is intended to protect engine components from wear and contamination. Another - for Daimler more expensive - alternative for engine protection would have been higher-quality components that can withstand extensive exhaust gas purification throughout the entire service life of the Mercedes. However, Daimler AG shied away from this increased expenditure in production - and opted instead for unlawful cheating software.
Various Mercedes models affected by the diesel scandal
The defeat devices can be found in various Mercedes vehicles. According to media reports, millions of Mercedes models worldwide are affected. The focus is primarily on vehicles with engines of type OM 642 - a V6 turbodiesel with a displacement of 3.0 liters - and type OM 651 - a four-cylinder engine with a displacement of 1.8 or 2.1 liters. These two engine types are found in the following Mercedes classes affected by the emissions scandal:
- A-Class
- B-Class
- C-Class
- E-Class
- G-Class
- M-Class
- R-Class
- S-Class
- V-Class
Mandatory Mercedes recalls in Germany, Austria and Switzerland
The affected diesel vehicles are being recalled by Daimler AG. The responsible Federal Motor Transport Authority (KBA) in Germany has ordered the worldwide mandatory recalls and is monitoring the actions. The affected Mercedes in Germany, Austria and Switzerland must be taken to the workshop, where a software update will be installed on the engine control unit. The update deactivates the defeat device and ensures that the exhaust gas purification system continues to function fully in normal operation.
However, the components in the vehicles are not designed for permanent emission control. After the software update, engine damage and a shorter service life may occur. Some Mercedes drivers report reduced performance, higher fuel consumption or even sooting of the engine. In addition, the consumption of the expensive urea AdBlue increases considerably. Mercedes owners have to have this refilled more frequently and at their own expense. This is very annoying, as the Mercedes brand has always stood for quality.
Seek legal advice in the Daimler emissions scandal
Experts and lawyers advise not to have the software update installed and to take legal action against the fraud instead. However, even Mercedes owners who have already taken part in the recalls can file an individual lawsuit against Daimler. If the vehicle was purchased in Germany, Mercedes owners from other countries can also file a lawsuit in German courts. Otherwise, the courts in the countries where the purchase contract was signed have jurisdiction. In many cases, the German courts in particular have made consumer-friendly decisions in the Daimler emissions scandal: The plaintiff consumers received the purchase price back after deduction of compensation for use. In addition, Daimler had to take back the manipulated Mercedes. The purchase contract was therefore rescinded.
Do you have a Mercedes affected by the emissions scandal next to your classic car? Get in touch with us if you bought your Mercedes in Germany! The lawyers at the VON RUEDEN consumer law firm in Germany specialize in cases relating to the diesel scandal. We have already represented over 1,700 clients against Daimler and won the first four verdicts against Daimler AG in the emissions scandal. Benefit from our experience! Write us an e-mail or call us on +49 30 / 200 590 770. The first consultation on your individual case is free of charge and non-binding!
