Confirmation From The Authorities: Mercedes-Benz Uses New Types Of Illegal Defeat Devices
Mercedes-Benz is no stranger to Dieselgate, even if the company can be considered a “latecomer”: Beginning only in 2019, several mandatory recalls by the German Federal Motor Transport Authority were issued, with the latest in October of 2021 alone affecting almost 60.000 vehicles worldwide. The controversy so far centered on the so-called “thermal window”, a method of reducing emissions that depends on outside temperatures, which generally constituted an illegal defeat device.
Decreases in the value of Mercedes-Benz vehicles are expected
But since 2020, a new controversial technology has been occupying the courts: “Controlled coolant thermostats”, which under certain circumstances reduce the temperature of the coolant used in the engine and thus the car’s emissions. Such devices were installed in the OM640, OM642 and OM651 engines, among others. The German Federal Motor Transport Authority has already pointed out the risk of these devices in its official information dated September 21, 2020 (511-180/005#149): According to the report, a “controlled coolant thermostat” could be considered an illegal defeat device on a model to model basis, when various factors of the respective model are taken into account.
In proceedings before German courts, the German Federal Motor Transport Authority has now officially confirmed, for the first time, that such a thermostat constitutes an illegal defeat device, in the case of the Mercedes-Benz GLE 350d with the OM642 (Euro 6) engine. This official information highlights the risk currently faced by owners of Mercedes vehicles with the aforementioned engines: It is likely that authorities will react to this, with affected owners in the worst case having their car immobilized. At the same time, there is a risk of a considerable loss of value.
Europe-wide effects are to be expected
Since the defeat device is illegal under European law, the statement of the German Federal Motor Transport Authority is also likely to have consequences for car owners in the Baltic states. It is therefore all the more important for car owners to secure their rights and claim damages from Mercedes-Benz in German courts, as in the case of the owner of a Mercedes-Benz GLK 220 CDI by judgment of the Regional Court of Stuttgart dated March 19, 2021 (8 O 431/20). We therefore recommend that purchasers of affected vehicles seek legal advice in this regard.