- Am I included?
If you owned or own (or leased) an affected vehicle that was bought in the Netherlands, you will automatically be included in the class unless you choose to opt-out of the claim. The Foundation will fight on your behalf and look after the process of your claim. That means there is nothing for you to do, we take care of everything on your behalf. Damages will be awarded to the whole group.
- Which vehicles are thought to be affected by the Mercedes emissions scandal?
At least, certain of the following Mercedes models powered by diesel-fuelled engines and sold from 2008 up to 2019: A-Class, B-Class, C-Class, Citan, CLA, CLS, E-Class, GL-Class, GLA-Class, GLC-Class, GLE-Class, GLS, M-Class, S-Class, SLK, Sprinter, V-Class, and Vito (however, additional models are likely to have released dirty diesel emissions and we continue to add more affected vehicles). Models also include passenger and commercial vehicles and vans, such as people movers, shuttles and taxis. If we find even more models affected, you will be automatically included.
- Can businesses and individuals owning affected vehicles register their interest?
Yes, private owners and business owners (such as fleet operators and hire car companies) can register. Lessees are also eligible.
- What documentation / proof of purchase is required?
At this stage, we do not need any documentation or proof of purchase from you. We are only asking – via the Register form – for you to register your interest with us to keep updated with the progress of the case by providing a few of your details. In due course, we may ask for proof of ownership (in order to link you to your vehicle) along with any other supporting documents which may be required for the litigation and proving your loss, but we will correspond directly with you for that. Please therefore keep hold of any documents you have related to your affected vehicle(s).
- Are original purchasers and subsequent owners of the vehicle/s included?
Yes, since the deception will have affected the purchase price for both parties and may have affected the on-going running costs of the vehicle while under the ownership of both
- Can I still register if I have had my vehicle ‘fixed’ by Mercedes for emissions compliance?
Yes, this won’t affect your inclusion in the claim
- What if my vehicle is a company car?
We anticipate different categories of loss can be claimed against Mercedes as a result of their dirty diesel emissions. In respect of company cars that means both the company and the employee could be included in the claim for compensation. We would therefore urge both the owners or lessees, as well as the drivers, of company cars to register their interest.
WHY THE EMISSION CLAIM FOUNDATION (WHY US)?
- What is a Defeat Device and how is it harmful?
A Defeat Device is a part of the design, software or hardware of a vehicle , which can interfere and change the emissions system of that vehicle depending on certain conditions.
Mercedes affected vehicles were installed with Defeat Devices designed to detect when NOx emissions were being tested, to ensure that the emissions complied with Euro 5 and 6 regulations. However, during normal on-the-road driving conditions, the Defeat Devices limited or deactivated emissions controls—resulting in the production of extremely high levels of NOx which are well above the maximum permitted emission values.
Therefore, while the cars passed inspections and had the emission effectiveness which was advertised, when actually driving the car this was no longer the case and there was no control and limitation of the harmful exhaust gases
- How does this harm me as a consumer?
By providing, selling and placing vehicles on the market which did not meet the technical and regulatory standards, Mercedes/Daimler AG deceived owners and lessees. As consumers, you based your decision of buying / leasing a car on multiple factors including fuel efficiency, performance, environmental friendliness. Because of these defeat devices you didn’t get what you thought that you were getting.
- What is harmful about these emissions?
As a consumer, you are essential to their business, by tricking you and providing you with defective and fraudulent products they are taking advantage of you and of the rules laid out to protect you. It is important to ensure that Mercedes and other car manufactures compensate you for their deception and lies. It is essential to deter other car manufacturers from taking such actions in the future. The parties at fault must pay for their mistakes as well as never do them again.
- How is a claim able to be filed in the Netherlands?
A claim is brought in the form of a “collective action” and can be brought if the claim has a connection to residents in the Netherlands. The connection conditions are as follows:
- The majority of the individuals on whose behalf the collective claim is brought are Dutch residents, or the defendant resides in the Netherlands,
- or the events on which the collective action is based, occurred in the Netherlands.
Mercedes and the associated defendants meet these criteria.
- How do I register my interest?
Click on the register button at the top of the page so we may keep you up to date on progress in the case.
- Do I have to commit to joining the case, what if I change my mind?
At the moment you are registering your interest and are not tied to any further obligation. You can always change your mind later on.
- What is the legal process and how long will it take?
An early settlement by Mercedes would clearly be desirable and should not be ruled out given the agreements in principle to settle in the US which Daimler and Mercedes announced on 13 August 2020.
However, we would only enter into settlement discussions if the sums on offer represented fair compensation to claimants in the Netherlands.
- Can I register my interest with more than one group?
At this stage there is nothing to stop you registering your interest with more than one Foundation.
- Stichting Emission Claim
As a Stichting we safeguard your interests and provide you with legal assistance and representation to ensure you are compensated for the fraud and harm Mercedes has caused you as a consumer. We will work on your behalf to provide you with access to justice.
- Kennedy Van der Laan
Emission Claim is represented in the various proceedings by Kennedy Van der Laan. Kennedy Van der Laan is an independent, renowned Dutch law firm. Since 1992 they have been working for market leaders with their specialist legal knowledge. Kennedy Van der Laan's lawyers have a wide range of legal knowledge. Together with their clients, they look at the company, people and society with an open mind. Thanks to their in-depth legal knowledge and their affinity with different industries, they are able to provide pragmatic solutions that help their clients directly. Their advice is always concise, clear and guiding. Read more on our website kvdl.com.
- Hagens Berman
Hagens Berman is a global litigation pioneer advocating on behalf of consumers who owned or leased diesel vehicles that do not comply with emissions laws. The firm has reached settlements in emissions-cheating matters totalling more than $16.9 billion.
Being an international class-action and complex plaintiffs’ litigation law firm, Hagens Berman have taken on the world’s largest corporations and entities, fighting for the rights of consumers.
See more on the Hagens Berman website here.
- How much money will I get in compensation?
The amount of compensation you could receive will either be awarded by the Courts or agreed upon through settlements with Mercedes. Based on comparative damages from other cases involving Mercedes, we anticipate an award of approximately €3,000 to €11,000 per vehicle, and possibly higher. However, this is very much an estimated range and by no means guaranteed for each class member, as each court and case is different. We will advocate fiercely to achieve the best possible outcome for you.
- What are the Lawyer fees and costs?
Emission Claim is financed by external funders. We work on a no-win, no-fee basis, which means there are no up-front costs to join the case an have your rights represented and you will not owe anything if the case is lost. Only if we win for you a percentage of the total damages recovered will be paid to the funders as return on their investment.