IMPACTED DIESEL MERCEDES VEHICLES

A Class (2009-2019), B Class (2009-2019), C Class (2009-2019), CLA (2009-2019), CITAN (2009-2019), CLS Class (2009-2019), E Class (2009-2019), G Class (2009-2019), GLA (2009-2019), GLC (2009-2019), GLE (2009-2019), GLK (2009-2019), GLS 350D (2009-2019), M Class (2009-2019), ML (2009-2019), S Class (2009-2019), SLK (2009-2019), SPRINTER (2009-2019), V Class (2009-2019), VITO (2009-2019)

This list may be updated as the investigations by the Foundation are still ongoing.

WHO CAN JOIN?

You can join the Claim if you are an individual owner, lessee, or fleet owner for most of the Mercedes diesel models that are either Euro 5 or Euro 6 approved and were manufactured between 1 January 2009 and the end of 2019.

In order to join, it is not necessary that you still own or lease your car.

ARE YOU ELIGIBLE TO CLAIM?

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THE CASE AGAINST MERCEDES BENZ

The Case Against Renault

Between 2009 and 2019, Renault and its subsidiary Dacia installed impermissible “defeat device software” in all their Euro 5 and Euro 6 diesel vehicles. This software allowed these vehicles to meet the applicable emission norms within the type approval test. In real driving conditions however, the vehicles grossly exceeded – and still continue to exceed – the NOx emissions norms.

Renault and Dacia diesel vehicles are amongst the worst offenders of all European manufacturers. Their vehicles rank amongst the most polluting diesel vehicles sold on the European market throughout the relevant period. Recently, the French public prosecutor made formal charges against Renault in relation to its conduct in the Diesel scandal.

Renault engaged in this conduct for purely financial reasons. The purpose of this software was to impair or even shut down the emission reduction systems under most driving conditions. By installing this software, Renault was able to save the costs of installing a properly functioning emissions reduction system. Renault’s sub-standard emissions reduction system was however unfit to meet the limits imposed by law. According to Renault itself, if the reduction system would be fully operative in regular driving circumstances – as it should be – this would even severely damage the engine.

One of the defeat devices used in the vehicles was a so-called temperature window. When the outside temperature is either below 17 degrees or over 35 degrees Celsius, the software significantly reduces the operation of the so-called Exhaust Gas Recirculation (EGR) system, that is supposed to curb NOx emissions. In the Netherlands, this means that the EGR is significantly reduced in operation or even fully shut off during most of the year. Other illegal cheat devices in the software reduce the effectiveness of Renault’s emissions control system even further. As a result, Renault vehicles exceed the emissions norms by up to 16 times.

Renault Response

In promoting and selling these vehicles, Renault caused massive damage to its customers. The diesel market meanwhile collapsed and the value of the vehicles has greatly diminished. Apart from affecting your wallet, this conduct also had a negative impact on the environment and may have had a negative impact on your health – and on the health of many others. Nevertheless, Renault that presents itself as a “green” and ethical company, continues to deny any wrongdoing.

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

What we are doing

As a large international corporation Renault relies on the fact that a single person does not have the resources to challenge its wrongful conduct. Until recently, collective redress in Europe has been fragmented. This has allowed wrongdoers like Renault to avoid liability to its customers who have suffered financial damage by way of decreased resell values and increased maintenance costs. Now, with the WAMCA-legislation in the Netherlands, the Foundation is able to represent all affected car owners for the corporate wrongdoing of Renault, Dacia and related parties.

Having initiated litigation against four major car conglomerates, the Foundation has obtained significant expertise in proving the presence of defeat devices and determining which vehicles are affected. This leaves the Foundation well placed to serve your interests.

Case info

The case is pending before the Amsterdam District Court and is registered under case number C/13/710434 HA ZA 21-1030. The defendants in the proceedings are Renault S.A, Renault S.A.S., Automobile Dacia S.A., Renault-Nissan B.V., Renault Nederland N.V. and 76 Dutch Renault and Dacia car dealers. A list of all the car dealers involved in the proceedings can be found here.

CURRENT STATUS

On 8 December 2022 an oral hearing will take place at the District Court of Amsterdam regarding the following topics: jurisdiction of the Amsterdam court, which collective action regime is applicable, and if Emissions Justice and the other foundations are sufficiently representative. 

PROCEEDINGS AGAINST RENAULT

  • On 25 November 2021, Emissions Justice served a writ of summons on Renault S.A, Renault S.A.S., Automobile Dacia S.A., Renault-Nissan B.V., Renault Nederland N.V. and 76 Dutch Renault and Dacia car dealers. Previously, on 25 June 2021, Emissions Justice had requested the Amsterdam district court to extend the period in which Emissions Justice may also initiate a collective action against Renault and Dacia. Emissions Justice had to do so because another foundation, Stichting Emission Claim, had already started a collective action against them. The Amsterdam district court granted Emissions Justice’s request and extended the time limit with three months. Stichting Car Claim, another foundation, also requested an extension and was also granted this.
  • On 29 December 2021, Renault and Dacia appeared in the proceedings. However, the car dealers, bar one, failed to enter an appearance and were declared to be at default by the court.
  • On 23 March 2022, the court adopted the procedural order. The procedural order can be found here. The first phase of the proceedings will deal with jurisdiction of the Amsterdam court, which collective action regime is applicable, and if Emissions Justice and the other foundations are sufficiently representative.
  • On 13 July 2022, Renault and Dacia submitted briefs regarding the first phase of the proceedings contesting jurisdiction of the Amsterdam district court and applicability of the new collective action regime, the WAMCA.
  • On 19 October 2022 the car dealers entered an appearance in the proceedings and also submitted a brief regarding the topics of the first phase of the proceedings.
  • The hearing of parties which will deal with the topics of the first phase of the proceedings is scheduled on 8 December 2022.

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