WHAT MERCEDES/DAIMLER SAID

A REPRESENTATIVE of Mercedes/ Daimler said: “We consider the claims made against our company to be unfounded and will defend ourselves with the necessary legal means.

“Mercedes-Benz is appealing against the administrative orders of the German Federal Motor Transport Authority (KraftfahrtBundesamt, KBA). The courts will clarify the correct interpretation of relevant legal standards in this complex technical environment.

“In our view, the emission control functionalities objected to in the administrative orders by KBA are permissible. Nonetheless, Mercedes-Benz has implemented the recall measures ordered by the KBA and undertaking voluntary measures for other Diesel-powered vehicles in order to reduce on average NOx emissions in real driving.

“Our vehicles continue to have valid registration from the relevant authorities. The vehicles are not subject to any impairment in terms of use or functional capability. This also applies against the backdrop of the recalls that have been ordered by the KBA. Our track record in Germany demonstrates our strong legal position.

“We see essential points of our legal opinion confirmed by the numerous rulings in the German regional and higher regional courts. The decisions are almost unanimously in our favour (in about 95 per cent of the cases).

“The German Higher Regional

Courts alone have issued more than 800 rulings in our favour and only two against the company.

“Daimler cooperated extensively with the European Commission as a leniency applicant at an early stage, and was therefore not fined.

“The European Commission explicitly found no evidence there was any agreement regarding the use of prohibited defeat devices.

“The Commission made no findings on whether the diesel passenger cars sold during the relevant period met the regulatory requirements.

“As we see it, the investigation is not related to lawsuits brought by customers in Europe in connection with diesel.”