What the regional court's decision means for buyers of electric cars and where its limits lie.
The Wuppertal Regional Court has ruled that an electric car that falls short of its advertised WLTP range by approximately 18 percent has a significant defect and can be returned. This article explains the details of the ruling, its broader implications beyond this specific case, and which buyers it affects.
What the Wuppertal verdict was about
The lawsuit was brought by a buyer who had purchased an electric car for €39,000. The manufacturer and dealer had advertised the vehicle with a WLTP range of 332 to 341 kilometers, both in the vehicle catalog and on the dealer's website. However, according to the buyer, in everyday use the car achieved a maximum range of approximately 160 kilometers, regardless of driving style. He stated that he drove the car exclusively in Eco mode at low average speeds.
The court commissioned an independent expert. Under standardized WLTP conditions, this expert determined a range of only 282 kilometers. This meant the vehicle fell approximately 18 percent short of the advertised range. The expert attributed the discrepancy to advanced aging of the drive battery, which had progressed faster than would have been expected given the buyer's driving and charging habits.
The Wuppertal Regional Court ruled in favor of the buyer (judgment of December 18, 2025, case no. 10 O 282/23). It found a significant defect and upheld the buyer's right to rescind the contract. The dealer must take back the vehicle and refund the purchase price to the buyer, less a usage fee, upon return of the car. According to media reports, the vehicle in question was a Peugeot e-2008 GT, although the model is not explicitly mentioned in the published judgment.
Is your electric car falling far short of its advertised range in everyday use? Have your case checked to see if it's comparable to the situation in Wuppertal.
How the court justified the finding of material defect
The core issue was whether the stated range is legally binding at all. The dealer argued that the WLTP values were merely averages and not a binding agreement on the vehicle's specifications. The court rejected this argument.
According to Section 434 of the German Civil Code (BGB), a vehicle must possess the characteristics that the buyer may expect based on public statements made by the manufacturer. The court considered the range specifications from the catalog and website to be such public statements. They therefore define the usual and expected characteristics of the vehicle.
To determine when a deviation becomes significant, the court referred to the Federal Court of Justice's jurisprudence on increased fuel consumption in combustion engine vehicles. There, a deviation of more than ten percent from the standard value is considered a significant defect justifying rescission of the contract. The regional court applied this line of reasoning to the range of electric cars. Since the deviation here was around 18 percent, the threshold was clearly exceeded.
The scale of measurement is also important. The expert did not test the vehicle based on a typical everyday drive, but under WLTP conditions. This meant that the manufacturer's specifications were compared with the exact procedure used to advertise them.
Whether the deviation in your case reaches the relevant threshold can only be assessed through an expert review. We will classify your case in this context.
Why the verdict has significance beyond the individual case
Range is not a secondary consideration for an electric car. It determines whether the vehicle is suitable for commuting, longer journeys, or vacations. That's precisely why the significance of this ruling extends beyond the specific case. It demonstrates that manufacturers and dealers must be held accountable for their range specifications.
This ruling is not an isolated case. Another case concerning a Porsche Taycan is underway at the Osnabrück Regional Court, where the court has ordered an expert report on the vehicle's range. There, too, the court is taking a potential range deficiency seriously. The issue is therefore being addressed by several courts simultaneously.
Despite its significance, this ruling requires context. It is a decision of a regional court, a court of first instance. It is not binding on other courts, and each case is assessed individually. The ruling is a strong argument, but it does not automatically lead to a different outcome.
A single ruling is no substitute for a review of your contract. We'll show you how the Wuppertal ruling can be applied to your situation.
For which electric car buyers is the ruling relevant?
Not every deviation in range leads to a return. The ruling primarily helps buyers in similar situations. Three points are crucial here.
- Significant deviation: The further the actual range falls below the advertised WLTP value, the sooner the threshold of significance is reached.
- Measurement under test conditions: The decisive factor is the comparison under conditions close to WLTP, not a single journey in extreme weather.
- No explanation through normal aging: If the loss cannot be explained solely by normal battery aging, this suggests a defect.
Less promising, however, are cases where the deviation is small and within the range of usual tolerances, or where a shorter range was explicitly agreed upon. The ruling therefore does not mean that every kilometer below the WLTP value justifies a cancellation of the contract.
Are you unsure whether your deviation is sufficient? An initial assessment will provide clarity before you take action with the dealer.
What you as an affected buyer should conclude from the ruling
The ruling offers concrete lessons for affected buyers.
- Document reach: Keep track of how far you can actually travel on a full charge over several trips.
- Secure advertising: Keep the catalog, website information and purchase agreement with the advertised WLTP values.
- Expert measurement: An assessment under conditions close to WLTP is often the decisive proof.
- Please observe the deadlines: Claims for defects in a new car typically expire two years after delivery.
Rogert & Ulbrich has developed the legal mechanics behind such cases, from the assessment of defects and contract rescission to compensation for use, in tens of thousands of proceedings related to the emissions scandal. The firm is now applying this experience to range and battery issues concerning electric vehicles.
Do not sign any settlement offer from the dealer until you know what you are giving up.
The sooner your case is reviewed, the more options you have. Secure your claims while the deadlines are still open.
Rogert & Ulbrich – Your lawyers specializing in electric vehicle defect law
Rogert & Ulbrich represents consumers nationwide in vehicle defect law. The law firm of Dr. Marco Rogert and Tobias Ulbrich has handled over 40,000 cases and filed more than 25,000 lawsuits in the emissions scandal. This experience in litigation is now benefiting buyers of electric cars.
We will review your range or battery issue, assess your claims, and negotiate out-of-court settlements with the retailer and manufacturer. If no satisfactory solution can be reached, we will enforce your rights in court, from contract cancellation and price reduction to compensation.
Is your electric car significantly falling short of its promised range, as in the case of Wuppertal? Get in touch and secure your rights.
