We’re pleased to report a significant ruling from the High Court: the decisions which approve diesel vehicles or updates to them made by the German car regulator, the Kraftfahrt-Bundesamt (KBA), are not binding in English Courts as to the presence or otherwise of prohibited defeat devices in those vehicles.
This landmark decision removes an obstacle raised by car manufacturers to claimants pursuing legal action in England and Wales, challenging them on the presence of prohibited defeat devices in their vehicles. This outcome not only represents a substantial victory for our clients, reinforcing your right to seek compensation from manufacturers, but also emphasises the need for manufacturers to be held accountable.
Although the trial mainly focused on Mercedes-Benz vehicles, the implications are far-reaching. They positively impact all claims within Pogust Goodhead’s My Diesel Claim portfolio, including yours. This outcome recognises the importance of consumer rights, ensuring that manufacturers comply with their legal responsibilities.
In addition, the Court determined that “voluntary updates” used by manufacturers to remove defeat devices were unlawful. These updates were allegedly carried out in secret, bypassing proper regulatory oversight, and occurred without informing customers.
The Court also confirmed that certain Mercedes-Benz vehicles contained prohibited defeat devices at the time of manufacture, as evidenced by the mandatory recalls issued by the KBA in Germany, which mandated the removal of these devices. The parties had already agreed that these findings are binding in the English Courts as to the presence of prohibited defeat devices.
This is the first finding of its kind against any car manufacturer in the UK and is crucial in demonstrating that these devices were intentionally installed to manipulate emissions regulations.
Thoughts from our Global Managing Partner and CEO, Thomas Goodhead
“This is a huge victory for British consumers as it will allow British Courts and regulators to check whether these diesel car manufacturers complied with the law on emissions. During an unprecedented cost of living crisis, it is more important than ever that car manufacturers like Mercedes-Benz do the right thing and foot the bill to clean up the excessively polluting vehicles they sold to people.”
Thoughts from partner, Peter Gallagher
“This is a significant victory for the Claimants which significantly undermines the Defendants’ attempts to avoid accountability for their role in the Dieselgate scandal.”
What’s Next for the Case?
This judgment is a crucial milestone in the legal process, paving the way for the Prohibited Defeat Device (PDD) Trial set for October 2025. At that trial, the Court will further investigate whether Mercedes-Benz, as well as other manufacturers like Ford, Nissan/Renault, and Citroën/Peugeot/DS, used prohibited defeat devices across their fleets of diesel vehicles.
This ruling marks a significant step forward, not just for the case against Mercedes-Benz but also for holding all manufacturers to account for their role in the Dieselgate scandal.
