In its decision of April 8, 2025 (case number 6 U 126/24), the Stuttgart Higher Regional Court ruled that a consumer has the right to return a Tesla purchased from an online store after revoking the purchase contract and to demand the reversal of the purchase transaction. What is particularly noteworthy about this ruling is that the plaintiff is not required to pay compensation for the use of the vehicle in the period between delivery and return.
The plaintiff ordered a Tesla worth EUR 64,970.00 from the company's online shop on June 3, 2022. He found the vehicle defective and received delivery on December 23, 2022. After receiving the vehicle, the plaintiff declared his revocation of the contract on December 29, 2023. However, the defendant rejected this revocation on January 12, 2024. When the plaintiff then attempted to return the vehicle on April 17, 2024, the defendant refused to take it back. In its decision, the Higher Regional Court particularly criticized the cancellation policy used by the defendant.
A key point the court criticized was the wording of the cancellation policy, which did not clearly inform the consumer whether and under what circumstances a right of cancellation exists. Furthermore, the information that the buyer must bear the "direct costs of returning the goods" was legally inadmissible because this provision does not comply with statutory provisions.
The Higher Regional Court's decision underscores the importance of legally correct cancellation instructions. Consumers should therefore inform themselves about their rights and the applicable deadlines, especially since cancellation of distance contracts can only be effectively declared within a period of twelve months and 14 days.
