Globally, roughly between 2009 and 2019, Mercedes installed impermissible “defeat device software” in millions of diesel vehicles. According to Mercedes almost its entire fleet of Mercedes diesels in Europe that are Euro 5 or Euro 6 approved were subject to a recall. The purpose of this software was to detect laboratory emissions testing and/or to reduce the use of AdBlue.

When the standardised emissions test conditions were present, the defeat device software allowed the vehicles to maximise efficiency of the emissions reduction technology, including AdBlue dosing and engine gas recirculation valves, to falsely comply with the NOx emission limits set forth by the Euro 5 and Euro 6 emission standards.

In real world driving, however, the affected vehicles grossly exceed the legal limits for NOx emissions. This was done to decrease maintenance costs, stretch AdBlue refills to standard service intervals, and make the vehicles more competitive in the market.

Apart from affecting your wallet, this may have had a negative impact on your health and the environment.

With its unethical conduct, Mercedes has engaged in consumer fraud and therefore must be held accountable.

Mercedes Response
In the summer of 2017, Mercedes voluntarily recalled 3 million European Diesel vehicles, which accounted for almost all of its Euro 5 and Euro 6 vehicles. In the summer of 2018, the German Federal Motor Transportation Authority (“KBA”) mandated the first two mandatory recalls covering over 684,000 vehicles including the Mercedes Vito, C-Class, E-Class and Sprinter models.

2019 brought several more mandatory recalls affecting over 300,000 more vehicles including the Sprinter and the SUV model GLK.

In the fall of 2019, Mercedes agreed to pay an 870 million euro fine to the German Public Prosecutor in Stuttgart when it admitted a breach of supervisory duties that resulted in emissions violations.

What we are doing
As a large international corporation, Mercedes relies on the fact that a single person does not have the resources to challenge their wrongful conduct. Until recently, collective redress in Europe has been fragmented. This has allowed wrongdoers like Mercedes to avoid liability to its customers who have suffered financial damage by way of decreased resell values, increased maintenance costs, and post-fix frustration of having to refill AdBlue every 13,000-14,000 km as opposed to 30,000 km service intervals. Now, with the WAMCA-legislation in the Netherlands, the DEJF is able to represent all affected Europeans for the corporate wrongdoing of Mercedes and related parties.

PROCEEDINGS AGAINST DAIMLER AG

• On 31 July 2020, the Foundation has served the writ of summons against the defendants, being Daimler, the Dutch importers Mercedes-Benz Vans Nederland and Mercedes-Benz Cars Nederland and a number of individual dealers.
• On 30 September 2020, the first hearing date took place. On this date, the defendants and their lawyers have introduced themselves in court and the Foundation has served the exhibits to the writ of summons.
• On 21 August 2020, Foundation Car Claim has requested the court to extend the three months period during which other collective interest organizations may start their own action in order to candidate themselves for the position of lead plaintiff with another three months. By letter of 15 September 2020, the Foundation has taken the position that this request should be turned down, or alternatively that a shorter extension should be granted. By decision of 30 September 2020 the court has extended this term with two months, therefore until 31 January 2021. The first hearing date has been set at 3 March 2021.