Court annuls KBA diesel recall; owners' obligations lifted
A court annulled the KBA's diesel recall over an outdated legal basis, suspending obligations for owners. Mercedes-Benz sees vindication as an appeal looms.
In issuing its decision, the court did not assess the technical legality of the so‑called system for regulating the preset coolant temperature, focusing instead on formalities. It deemed the order invalid for a single reason: the legal basis was outdated, because the previous type-approval directive had been replaced by European regulations. In practice, it’s a reminder that procedure can decide outcomes even when technical questions remain untested.
As a result, the orders have lost their legal force. It remains unclear whether the agency will file an appeal.
For owners of the affected diesel vehicles, the ruling temporarily lifts obligations: the mandatory recall is suspended until the KBA issues a new order that meets current legal requirements or challenges the decision. For drivers, that eases the pressure for now but prolongs the uncertainty.
The decision may also carry symbolic weight, particularly for similar cases where the KBA is relying on comparable arguments. Mercedes‑Benz reads the ruling as confirmation that the initial legal foundation for the recall demands was vulnerable. Even so, the company proceeded with the recall and, four years on, has retrofitted almost all of the 1.4 million vehicles. The end of the dispute now depends on what the KBA does next.