Why are the BGH’s rulings important?
As is well known, in Germany thousands of individual lawsuits are being filed with regard to diesel, also against Daimler. Behind this are very often law firms whose business model is geared towards mass diesel lawsuits.
The “thermal window” plays a key role in these law firms’ case in court because, as is well known, temperature-dependent exhaust gas recirculation control is used in many diesel vehicles by a variety of manufacturers. The law firms almost always point to the “thermal window” in order to prove an allegedly impermissible defeat device in the vehicles’ engine control systems in order to justify damage claims on the basis of unconscionability.
With this decisions, the BGH rejected general argument of the law firms.
Why did the BGH refer cases back to the respective higher regional courts?
The BGH referred some cases back to the respective higher regional courts (OLG) because in the opinion of the BGH, the courts have made procedural errors by not adequately clarifying a point in the plaintiff's submission.
Daimler assumes that the higher regional courts will again reject the lawsuit.
What’s next?
Daimler expects the decisions by the BGH to serve as a precedent for thousands of similar legal proceedings in Germany. It remains to be seen what position the BGH will take in other legal proceedings. Our position on the subject remains unchanged: We consider the claims to be unfounded and will defend ourselves against the allegations.
