German consumer lawyers said on Wednesday they had filed a lawsuit against car giant Daimler over the “dieselgate” emissions cheating scandal, following similar proceedings against Volkswagen.

The VZBV federation of German consumer associations said the suit before the superior regional court in Stuttgart would help owners of Mercedes vehicles also claim damages. 

“Despite official recalls, Daimler still denies that it intentionally manipulated emissions data for its vehicles,” VZBV head Klaus Mueller said in a statement. “The superior regional court should now give its judgment, then many consumers will finally have legal certainty.” 

Duped diesel drivers filed a suit in 2018 against Volkswagen, accusing the 12-brand group of deliberately harming clients by installing software to make cars appear less polluting than they really were.

Germany doesn’t have the possibility for individuals to join together in a class-action lawsuit, but VZBV led collective legal action on behalf of car owners. The move was made possible by legislation enacted in 2018 that was hurried through to beat a statute of limitations for claims against VW. 

VW eventually settled the case by agreeing to pay €750 million euros in compensation to more than 235,000 car owners, which VZBV called “the biggest amicable settlement in German history”.

Revelations in 2015 that Volkswagen had installed devices in 11 million diesel vehicles worldwide to falsify pollution tests plunged the company into a deep crisis. The scandal has so far cost the German car giant more than €32 billion in fines, legal costs and compensation and has since ensnared many more of Europe’s top carmakers.

The scandal has so far cost the German car giant VW more than €32 billion in fines, legal costs and compensation and has since ensnared many more of Europe’s top carmakers

The new German case against Daimler specifically covers Mercedes models GLC and GLK with an OM 651 engine. VZBV estimates that up to 50,000 vehicles could be affected.

Daimler in August 2020 approved settlements in the United States worth $2.2 billion over emissions cheating software in its diesel vehicles to settle civil and environmental claims.

Meanwhile the company has faced thousands of individual claims before German courts. In a statement on Wednesday, it said that it had won in about “95 per cent of the cases” and called the claims raised by the VZBV in its collective lawsuit “groundless”. “We will continue to defend ourselves against them,” it said.

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