• Car Dealer Plus
No Result
View All Result
  • Latest
  • Used Cars
  • Live
  • Forum
  • Power 2020
  • UCA 2020
  • UCA 2021
  • CDX
  • Knowledge
  • Suppliers Guide
  • About Us
  • Latest Issue
  • Top 100
  • CD Plus
  • Latest
  • Used Cars
  • Live
  • Forum
  • Power 2020
  • UCA 2020
  • UCA 2021
  • CDX
  • Knowledge
  • Suppliers Guide
  • About Us
  • Latest Issue
  • Top 100
  • CD Plus
No Result
View All Result

Mercedes emissions fraud claim ‘strengthened’ by landmark ruling against VW say lawyers

John Bowman by John Bowman
December 22, 2020
0
Home News

Mercedes-Benz has been put further on the back foot over emissions fraud claims, following a top European court ruling.

That’s according to lawyers at Fox Williams and Hagens Berman UK who are looking to bring a group action litigation on behalf of Mercedes owners in England and Wales.

The supreme court of the European Union – the European Court of Justice – said on Thursday that the Daimler subsidiary’s fellow German manufacturer Volkswagen broke the law by installing special software that cheated on emissions tests, as reported by Car Dealer.

London law firm Fox Williams LLP and US class-action law firm Hagens Berman are building a group claim in England and Wales alleging Daimler was deliberately involved in emissions fraud with the sale of its diesel and BlueTec vehicles.

  • Ad-free Car Dealer website, £5 per month

They say the manufacturer programmed an emission defeat device during test conditions that limited illegally high and dangerous levels of nitrogen oxide (NOx) that would otherwise be emitted in real-world driving conditions.

Fox Williams partner Andrew Hill said: ‘The EU Court of Justice’s finding is binding on the entire European Union and incredibly helpful to us.

‘Regardless of Brexit, it strengthens our case in England and Wales on behalf of consumers who, we will argue, have been defrauded by Mercedes.

  • More recalls by Mercedes add to claims of emissions fraud
  • Daimler vows to fight any UK group action over emissions

‘Our case will argue that Mercedes illegally deceived the purchasers of diesel and BlueTec engine vehicles sold here between 2008 and 2018 by programming an emission defeat device during test conditions, which limited illegally high, dangerous levels of nitrogen oxide emissions normally evident in real-world driving conditions.

‘The EU Court of Justice decision provides further evidence that Mercedes owes compensation to all UK consumers who purchased or leased these vehicles.’

US class action firm Hagens Berman pioneered a successful class action lawsuit in the US over similar fraud claims which this summer saw more than US$700m being paid out to US Mercedes owners.

Steve Berman, managing partner of Hagens Berman, said: ‘Mercedes denies there are parallels between the emissions control system used in US vehicles and European models.

‘However, our extensive investigations show that Mercedes has been using emission defeat devices for over a decade in both the US and European markets.

‘They have similarly misrepresented the environmental pollution levels of their engines, contravened local regulatory requirements and deceived consumers. They need to be held accountable in Europe as well as the US.’

The law firms, which are conducting the action on a no-win, no-fee basis, believe there could be more than 1.2m possible claimants in England and Wales, with compensation possibly ranging from £5,000 to £10,000 per vehicle.

In response, Mercedes-Benz told Car Dealer that it wouldn’t comment on the ruling as it wasn’t part of the proceedings.

However, it said it wanted to point out that the ruling narrowly referred to cycle detection functionalities used by Volkswagen.

Dismissed

In addition, it didn’t alter the interpretation of the European regulation that the German authorities, which are relevant for certifying Mercedes-Benz vehicles in the EU, had already applied so far.

A spokesperson for the manufacturer also told us that more than 95 per cent of German customer lawsuits – over 5,000 decisions so far – had been dismissed.

They also repeated an earlier comment given to us, saying: ‘We believe the claims brought forward by the UK law firms are without merit, and will vigorously defend against them or any group action.

‘Our vehicles have a valid certification according to EU regulations and we believe that the functionalities in question are justifiable from a technical and legal standpoint.’

They added that with regard to the US settlement, the vehicles were made exclusively for the North American market and both the emissions control system of US vehicles and legal framework and certification process in the US were different to Europe’s.

In addition, the US settlements resolved its pending civil proceedings with authorities there without reaching any conclusion about whether or not the installations in Daimler’s vehicles were defeat devices.

The company denied the allegations and class action plaintiffs’ claims and didn’t admit any liability to the United States, California, plaintiffs, or otherwise. The consent decrees didn’t allege that Daimler committed fraud either, it said.

Daimler is appealing against recall notices issued by the German Federal Motor Transport Authority, although it is carrying out the recalls and installing software updates in the meantime.

  • Register as a Car Dealer member and get more out of the website here
  • Car Dealer Top 100 – the most profitable car dealers in the UK here
  • Car Dealer Mag issue 154 is out now – Read it here
  • Join our breaking news WhatsApp group – Click here to join now

Related Posts

Porsche Bournemouth street scene
News

Inchcape reveals look of Destination Porsche Centre Bournemouth as success of current showroom prompts move

March 5, 2021
Aylesbury Crown Court, Sep 2019, via PA
News

Rogue car dealer avoids jail after racking up nearly £190,000 in fraudulent sales

March 5, 2021
Vertu Motors boss Robert Forrester
News

Clever technology helped Vertu Motors sell 6,500 used cars in February despite dealership doors being shut

March 5, 2021
Do It 4 Ben – Breakout For Ben
News

Breakout for Ben virtual challenge raises £159,000 towards £1m funding gap

March 5, 2021
VW ID.3
News

There’s something in the air – Volkswagen’s electric ID cars to get updates online

March 5, 2021
Reading Crown Court, via PA, Nov 2020
News

Prestige dealership owner and wife must fork out nearly £60,000 for wrecking listed mansion

March 5, 2021

Want the latest news?

Sign up to Car Dealer's daily news email updates

Subscribe
How many car dealerships does each manufacturer have in the UK? Car Dealerships Locations List 2021 revealed
News

How many car dealerships does each manufacturer have in the UK? Car Dealerships Locations List 2021 revealed

February 24, 2021
Used Car Awards with Mike Brewer and James Baggott graphi
News

Who won what at the Used Car Awards 2020? Mike Brewer reveals our winning car dealers

February 11, 2021
Car Dealer issue 156 front cover and Used Car Awards
Online Magazine

Out now: Car Dealer issue 156 features our Used Car Awards, H.R. Owen CEO Ken Choo and lots more

February 23, 2021
Used car market stronger than ever as August sees sales up by nearly 50 per cent for Big Motoring World
News

Opinion: Here are 10 reasons why I think there’ll be a rapid recovery in car sales when lockdown ends

February 16, 2021
Trophy Cars forecourt
News

Investigation: Meet the hyper-specialist car dealers making their money from weird and wonderful motors

February 11, 2021
Become a Car Dealer Plus member and get more out of this website including free legal advice
News

Become a Car Dealer Plus member and get more out of this website including free legal advice

January 15, 2021
Car Dealer Top 100 – The list in full of the most profitable car dealers in the UK
Car Dealer Top 100

Car Dealer Top 100 – The list in full of the most profitable car dealers in the UK

February 10, 2021
Bitcoin ATM terminal
News

Will car dealers in the UK accept Bitcoin for payment? Dealers speak out after Tesla plans to accept cryptocurrency 

February 18, 2021
  • Latest
  • Used Cars
  • Live
  • Forum
  • Power 2020
  • UCA 2020
  • UCA 2021
  • CDX
  • Knowledge
  • Suppliers Guide
  • About Us
  • Latest Issue
  • Top 100
  • CD Plus
Call us: 020 8125 3880

© 2020 Blackball Media

No Result
View All Result
  • Car Dealer Plus
  • Latest
  • Used Cars
  • Live
  • Forum
  • Power 2020
  • Used Car Awards 2020
  • Used Car Awards 2021
  • CDX
  • Knowledge
  • Suppliers Guide
  • About Us
  • Latest Issue
  • Top 100

© 2020 Blackball Media

Log In
Register
Register
Server 2