Because of the so-called thermal window, thousands of car owners are demanding compensation from Daimler. There is now a BGH ruling on this.
Karlsruhe (dpa) – Just because of the so-called thermal window in many Mercedes diesels, complaining car owners are not yet entitled to compensation from Daimler.
Even if it is an impermissible defeat device, the pure use of the technology is not immoral, ruled the Federal Court of Justice in Karlsruhe. Because unlike the scandalous engine EA189 from Volkswagen, the software does not differentiate according to whether the car is on the test bench.
The “thermal window” is part of the engine control and reduces exhaust gas cleaning when the outside temperature is cooler. The judges had already expressed a similar opinion six months ago in a written decision. Now, for the first time after a trial, they are delivering a verdict.
The case is not yet closed, however, because the plaintiff had accused Daimler of using a number of other inadmissible devices for manipulating exhaust gases, including via the coolant system. The Higher Regional Court of Koblenz did not investigate this specific allegation. That must now be made up for.
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