Mercedes buyers have not lost any claims for damages in the diesel scandal when they take out their car loan. The Federal Court of Justice (BGH) declared a corresponding clause in the Mercedes-Benz Bank loan agreements to be invalid. The reason for this has nothing to do with the diesel problem, as the presiding judge Eva Menges explained at the verdict in Karlsruhe. Since the clause is too broad and therefore ineffective overall, diesel plaintiffs also benefit from it.
When he bought the car, the plaintiff had signed a financing agreement that stated that the borrower would assign current and future claims against Daimler to the bank as security, “regardless of the legal reason.” The Higher Regional Court (OLG) in Stuttgart was of the opinion that the man was no longer entitled to sue Mercedes-Benz for allegedly illegal exhaust technology. The BGH judges see it differently and overturned the verdict. In Stuttgart it must now be clarified whether the lawsuit is justified in terms of content.
According to the findings in the Higher Regional Court judgment, the “regular” clause can be found in the bank’s loan conditions. Mercedes-Benz did not want to comment on this. (Az. VIa ZR 1517/22)
