Duh is subject to daimler – court sees no fraud

Duh is subject to daimler - court sees no fraud

The German Environmental Help (DUH) does not leave loose. Again and again she accuses of high exhaust values for diesel models to the car maker Daimler. Now the Stuttgart district court yesterday (29. June) A lawsuit. The appropriate advertising of the Stuttgart Group is not misleading, judged the 34. Chamber for trading matters. (AZ.: 34 o 21/16 kfh)

What are the premieges of environmental aid?

Environmental aid Stand to the Stuttgart Group, consumers with advertising for Diesel engines of the C-Class to have laughed in the wrong. Among other things, it is about the statement that nitrogen oxide emissions could be reduced by up to 90 percent by exhaust aftertreatment. The urea injection technology Bluetec reduce "the emission values of our state-of-the-art diesel engines on a minimum", it is called in the promotional text. Daimler rejects the accusation of consumption interchange. "It’s hard to bring back a statement that has given it after our association at any time," said a lawyer from the Daimler Legal Department during the Morquering.

How did the court decide?

The statement is not misleading and not competitive, the district court was judged. According to the verdict, according to the reasoning of a normal consumer, the claimed passage is not the statement of reducing emission levels to the slightest technically possible value, but only to the technically feasible minimum, which had been technically possible at Daimler then.

How do Daimler react and the German environmental aid?

"We are pleased that the court has shared our right," said a Daimler spokeswoman. Duh-Business Jurgen Resch said he was surprised and dealt with the decision. In similar procedures, environmental aid has already been largely enforced against Fiat and Opel. It is likely to appeal to appeal, Resch said.

How was it in another Daimler case?

A few years ago, the environmental organization was thus successful and putting an interim borrowing against advertising for the then new S-Class (AZ: 35 O 76/13 kfh).

Why is it just about advertising?

For the Mercedes model in question, the DUH had already demanded a withdrawal of type approval at the Motor Trade Office (KBA) in February 2016. But the KBA did not complain about the car with his follow-up in April 2016. Environmental aid has long been criticizing a device that ensures in some engines that the exhaust aftertreatment is controlled in certain temperature ranges – the so-called thermal window. She had in an opinion not explained this practice for right to right.

There are other models that complies with the environmental aid?

In 2016, the club noted at the B-Class with Renault engine, which had already claimed the KBA at his night tests in April. Most recently, the OKO lobbyist was also the smart too dirty. The latest diesel engine of the Stuttgart, which was initially installed in the E-Class in 2016, praised the environmental assistance. He shows that effective exhaust gas purification is technically feasible even in winter temperatures. The tests of the association are difficult to evaluate insofar as the models comply with specifications on the prudent status. However, environmental aid uses measured values on the strain.

Is that the only legal dispute about exhaust values at Daimler?

no. In Germany, the Stuttgart’s prosecutor’s office determines in connection with possible exhaust manipulations in diesel vehicles "against namely well-known and unknown employees of Daimler AG because of the suspicion of fraud and punishable advertising". In the US car owners have strained a collection action and accused the manufacturer manipulated values of pollutant nitrogen oxide and misleading advertising. The state court in Newark (State of New Jersey) had the lawsuit first. In addition, the environmental workforce EPA initiated an investigation in the course of the action. The Ministry of Justice in Washington had prompted the manufacturer to examine the statement of official values in the US itself and in the involvement of the supervisors. However, this investigation still runs.

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