KARLSRUHE (dpa-AFX) – Have diesel buyers waived all claims for damages by taking out their car loan? A clause of the Mercedes-Benz Bank suggests this – but the Federal Court of Justice (BGH) probably does not play along: In the hearing of a model case, the highest civil judges expressed themselves very critically. Chairwoman Eva Menges said on Monday in Karlsruhe that her Senate considered the clause to be ineffective after initial consultations because it unreasonably disadvantaged consumers. The verdict is to be announced in six weeks on April 24th.
The plaintiff had bought a new Mercedes GLC in 2019 for more than 55,000 euros through financing from the in-house Mercedes-Benz bank. The signed contract states that the borrower assigns current and future claims against Daimler to the bank as security – “for whatever legal reason”. According to the Higher Regional Court (OLG) in Stuttgart, which recently dealt with the case, this clause is “regularly” found in the bank’s loan conditions. A spokeswoman for Mercedes-Benz declined to comment.
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