In the fifth year of the Diesel scandal, the number of civil actions before the appellate courts has decreased significantly.

With almost 30,000 proceedings against Volkswagen, Audi, Daimler and other car manufacturers, the "exhaust gas cases" continued to seize the 24 Higher Regional Courts throughout Germany in 2020.

In the previous year, the courts recorded 10,000 more cases in the second instance.

This is the result of a survey by the German Association of Judges (DRB), which was first reported by the Funke media group.

Marcus Jung

Editor in business.

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    According to the judiciary, a turning point is emerging.

    Last year, VW was taken to court less often across Germany.

    This can be justified, among other things, with the fundamental decision of the Federal Court of Justice against the Wolfsburg-based company from the end of May 2020 and the numerous comparisons that followed.

    Because of shutdown devices, plaintiff's lawyers are increasingly targeting the higher-priced segment.

    Inadmissible defeat device? 

    "While the number of lawsuits against VW is declining more or less sharply everywhere, also in view of the statute of limitations, the number of lawsuits against Daimler is currently increasing," reports Sven Rebehn, DRB Federal Managing Director. In the opinion of the Federal Motor Transport Authority, the group had used impermissible defeat devices in hundreds of thousands of Mercedes-Benz vehicles; Daimler has so far fought unsuccessfully against the recalls ordered by the KBA.

    The allegations still standing in the room flanked the lawsuits against the group. The OLG Stuttgart, where Daimler is based, reported the strongest increase in Germany last year with more than 4,800 emissions. This trend is unbroken in the first four months of 2021: The Stuttgart civil senates have already received 2,320 further appeals. Accordingly, cases against Daimler in 2021 would have almost tripled compared to the same period in 2020, it is said.

    "We are still receiving a large number of lawsuits in matters of diesel, most of which are carried out by specialized law firms," ​​said a spokesman for Daimler on Monday.

    As in the past, it is pointed out that the BGH has meanwhile commented on the thermal windows in Mercedes-Benz vehicles and thereby confirmed the company's legal opinion on essential points.

    According to current information from Daimler, the regional courts dismissed around 9,000 complaints, and the diesel drivers were right in around 500 cases.

    The OLG statistics are even clearer.

    As far as is known, there have so far only been two decisions in favor of Daimler customers; the group has been able to retain the upper hand in 450 appeals.

    Complaints change

    At VW, however, the content of the lawsuit has changed.

    Even before the BGH rulings, plaintiff's attorneys were concentrating on younger diesel vehicles in which the EA288 engine is installed.

    Last year, however, no German court of second instance affirmed a claim by a diesel driver.

    That changed in the first quarter of 2021: First, the OLG Cologne sentenced VW to compensation, later a senate of the OLG Naumburg.

    Disputes in the emissions scandal and appeals against the financing car banks also increased: Customers wanted to withdraw from their consumer loan and thus also from the diesel vehicle.

    At the OLG Braunschweig alone, where proceedings are pending against the Volkswagen Bank, a senate recorded 697 new appeals last year.