Why the WLTP value is the decisive benchmark and general references to driving style or weather are not enough.
Your electric car achieves fewer kilometers in everyday use than advertised, and the dealer blames your driving style? Legally, it's not a single everyday trip that counts, but a comparison with the advertised WLTP value under the same test conditions. This article explains the standard of proof in cases of range discrepancies and shows what matters in court.
WLTP and real-world range: why they diverge
The WLTP range is the value used to advertise and certify an electric car. WLTP stands for a globally harmonized test procedure that determines the range under standardized conditions. Measurements are not taken on the road, but on a chassis dynamometer in a laboratory, at a test chamber temperature of around 23 degrees Celsius and using a defined driving cycle with several speed phases.
This procedure was developed after the emissions scandal The WLTP test procedure was introduced and replaced the older NEDC procedure. Since September 2018, the WLTP value has been mandatory for the registration of every new car. It is considered more realistic than its predecessor, but remains a laboratory value.
In everyday use, the actual range is regularly lower, by about a quarter depending on the conditions. This is normal and has many causes: low temperatures, high speed, heating or air conditioning, payload, topography, and individual driving style. A certain degree of deviation is therefore not a defect, but rather part of the physics of electric driving.
Is your vehicle lagging significantly further behind than usual? Have it checked to see if the deviation is still normal or if it already indicates a defect.
Why the WLTP value is the legal standard
Even though the WLTP value is a laboratory value, it carries legal weight. It is the official figure from the type approval process and also the value used to market the vehicle in brochures, configurators, and advertising.
According to § 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 advertised WLTP range is such a public statement. It shapes the buyer's legitimate expectations and thus determines the required characteristics.
Therefore, the vehicle must be measured against precisely this value. The legal benchmark is not your individual everyday range, but rather whether the vehicle achieves the advertised WLTP value under comparable conditions.
Is your Tesla, your conversion from a combustion engine vehicle, or another model underperforming compared to the advertised value? We'll assess whether this gives rise to a claim.
Why general references to driving style and weather are not enough
The most common objection from dealers and manufacturers is that the reduced range is due to driving style, cold weather, or the use of heating and air conditioning. These factors do indeed affect the range. However, they do not invalidate the manufacturer's specifications.
The argument that the WLTP value is merely an average or ideal value and therefore non-binding is equally invalid. The Wuppertal Regional Court expressly rejected this argument. It clarified that the stated range is not non-binding advertising, but rather defines the required characteristics of the vehicle.
The crucial point is to distinguish between two issues. It's normal for the range to decrease under extreme conditions. However, if the vehicle significantly misses the stated range even under the standardized conditions under which the manufacturer itself measured it, then simply attributing it to weather and driving style is no longer sufficient.
The retailer rejected your complaint by citing the weather? We will check whether this objection is legally valid.
The standard of proof: comparison under WLTP conditions
For a range deficiency to hold up in court, the correct standard of proof is crucial. The decisive factor is a comparison under WLTP-comparable conditions, i.e., using the same standardized procedure with which the advertised value was determined.
A single everyday drive in cold weather or with a sporty driving style is not conclusive. It only proves that the range was lower under these specific conditions, but not that the vehicle generally falls short of the advertised range. Therefore, reliable proof is regularly provided by an expert report that determines the range on a test bench under conditions close to WLTP.
In the case before the Wuppertal Regional Court, this was precisely the procedure used. An expert determined, under WLTP conditions, a range that fell short of the advertised value by approximately 18 percent. Only this comparison made the defect legally valid.
Without reliable measurements, any stated range remains contestable. We'll tell you what proof is required in your case.
Normal deviation or defect? The distinction.
The key question is therefore not whether you achieve the WLTP range in everyday driving, because hardly anyone does. The crucial question is whether the vehicle significantly misses the target value even under comparable test conditions.
As a guideline for determining significance, courts refer to the Federal Court of Justice's case law on increased fuel consumption in combustion engines, according to which a deviation of more than ten percent is considered significant. We explain the details of this threshold and the rights associated with different deviations on our page [link to page]. Reversal of an electric car purchase due to insufficient range.
In short: A deviation of twenty percent or more that occurs in everyday use in cold weather is not, in itself, a defect. However, a deviation of more than ten percent that persists even under WLTP conditions is strong evidence of a defect.
Are you unsure which category your case falls into? An expert assessment will provide clarity before you take any action.
How to prove your reach in a legally sound manner
The more carefully you proceed, the stronger your position. These steps will help turn a vague suspicion into solid evidence.
- Secure manufacturer's specifications: Keep the brochure, configurator printout and purchase contract with the advertised WLTP value.
- Log range: Record how far you get under different conditions over several full charging cycles.
- Note the conditions: Note the temperature, speed, and route profile to be able to classify everyday values.
- Expert opinion: The decisive proof is the measurement under WLTP-like conditions by an expert.
Rogert & Ulbrich has handled the burden of proof in tens of thousands of legal proceedings concerning deviations from manufacturer specifications. emissions scandal develops and applies this experience to range issues with electric cars.
Do not draw hasty conclusions from a single trip before the deviation has been properly determined.
The sooner your case is reviewed, the clearer your options will be. 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 and has its own Automotive sector as well as a bundled page on Tesla defects. The law firm of Dr. Marco Rogert and Tobias Ulbrich has taken on over 40,000 mandates and filed more than 25,000 lawsuits in the emissions scandal.
We examine your range discrepancy, assess it according to the correct standard of proof, and quantify your claims. We negotiate out of court with the retailer and manufacturer. If no satisfactory solution is reached, we enforce your rights in court, from contract cancellation and price reduction to compensation for damages.
Is your electric car failing to meet the advertised WLTP emissions standard? Get in touch and protect your rights.
