Stuttgart Higher Regional Court opens register for model declaratory judgment action against Daimler
The consumer associations filed an application with the Stuttgart Higher Regional Court for approval of so-called model proceedings. The court has now opened the register of claims.
The proceedings concern models of the Mercedes GLC and GLK series with the OM 651 diesel engine type. The proceedings are intended to establish, among other things, that Daimler installed an inadmissible defeat device and thus deliberately deceived the approval authorities and buyers. The owners of the vehicles were threatened with immobilization without installing a software update.
Those affected can now register their claims free of charge via the Federal Office of Justice. The registration suspends the statute of limitations for claims and, in the event of a positive conclusion of the proceedings, gives the Company the opportunity to rely on the findings in the model determination proceedings for possible subsequent proceedings of its own. However, once the case is heard, it is no longer possible to file later. It is currently not known when a hearing date will take place.
Unfortunately, it had become apparent in the exhaust gas cases concerning VW that many of those affected were time-barred with their actually well-founded claims. The hesitant attitude had ultimately caused the injured parties to lose their compensation. Therefore, you should decide promptly so as not to miss this opportunity.
If you are also affected, we will be happy to advise or represent you in your specific case and help you register for the model declaratory action.
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Günter Grüne
Rechtsanwalt | Partner
Fachanwalt für Verkehrsrecht
Mitglied der Arbeitsgemeinschaft Verkehrsrecht im DAV