Claims against Mercedes-Benz: diesel emissions
Owners of some Mercedes-Benz diesel cars have brought claims arguing that emissions controls worked differently on the road than in tests, for example through temperature-dependent settings. German authorities ordered recalls of some models, and the manufacturer has disputed that its vehicles contained unlawful defeat devices. This guide explains how these claims have generally worked.
- Damages for buyers in the EU
- In March 2023 the Court of Justice of the EU ruled (case C-100/21, against Mercedes-Benz Group) that buyers can claim damages from a manufacturer that negligently installed an unlawful defeat device. Following that ruling, the German Federal Court of Justice (BGH) allowed damages for negligence, generally between 5% and 15% of the purchase price, depending on the case.
- Group claims in England and Wales
- Group claims over diesel emissions involving several manufacturers, Mercedes-Benz among them, have been brought in the High Court in London.
- Which cars are affected
- Claims depend on the specific engine, model and emissions class. A recall or software update letter is a useful starting point, but not every recalled car gives rise to a claim, and vice versa.
- Deadlines
- Limitation periods depend on the country, and the start date often depends on when buyers knew or should have known about the issue. Many claims about vehicles affected in 2015 have reached or passed the ordinary limit in some countries. Group actions have their own registration or opt-in deadlines. Use the limitation checker and ask a lawyer before assuming your claim is still open. Indicative period in Germany (non-contractual damages (tort)): 3 years (from knowledge).
Frequently asked questions
Is my Mercedes affected?
It depends on the engine, model and emissions class. Recall letters and official vehicle checkers are a starting point; a lawyer or claims group can check your specific car.
How much could I get?
There is no fixed amount. In Germany, courts following the 2023 CJEU ruling have generally awarded a percentage of the purchase price for negligence claims; elsewhere it depends on national law and the claim.
Do lawyers take these cases on a no-win-no-fee basis?
Many do, often backed by litigation funding or legal expenses insurance. Ask how the fee is calculated and what happens if the claim fails.