On September 15, 2023, the Naumburg Higher Regional Court ruled that Stellantis, the parent company of Fiat-Chrysler, must pay damages amounting to 10 percent of the purchase price of an affected motorhome in connection with the diesel emissions scandal (case number: 8 U 24/23).
Thermo window in Sunlight motorhome detected
In this case, illegal switch-off devices, including the so-called thermal window, were found in a Sunlight motorhome, the base vehicle of which is a Fiat Ducato. The court relies on a new ruling by the Federal Court of Justice (BGH) dated June 26, 2023. According to this new ruling, negligent actions by manufacturers are sufficient to justify consumer claims for damages.
Compensation: 10 percent of the purchase price
The plaintiff had bought his motorhome in July 2020 and demanded that the purchase contract be reversed. The Halle Regional Court dismissed the lawsuit because there had not yet been a recall by the KBA (Federal Motor Transport Authority) or the Italian supervisory authority MIT. In the appeal before the Naumburg Higher Regional Court, the plaintiff was partially successful. He was awarded 10 percent of the purchase price as damages. The Naumburg Higher Regional Court ruled that the installed switch-off devices had been installed negligently.
Italian supervisory authority MIT
Since the Italian regulatory authority MIT has not yet taken action, even though the emissions standards have been proven to be exceeded, the Naumburg Higher Regional Court found that the applicable standards and regulations were not enforceable. When determining the amount of compensation, the Higher Regional Court classified the risk of an official order as low based on the MIT's previous practice. Nevertheless, the German court considered the violation of the emissions standards to be significant and classified the manufacturer's fault as moderate.
investigations by the Frankfurt public prosecutor's office
The Frankfurt public prosecutor's office has been investigating the Fiat emissions scandal since summer 2020 and searched the business premises. No results have been published so far. Motorhomes in particular are affected by this scandal, as most manufacturers rely on the Fiat Ducato as their base vehicle. In 2020, the public prosecutor's office spoke of around 200,000 caravans being affected. The Fiat diesel Multijet is said to comply with the legally prescribed emissions limits only during tests on the test bench, but not in everyday road traffic, thanks to various illegal switch-off devices. These switch-off devices include a so-called timer that switches off the exhaust gas purification after 21 minutes, as well as the thermal window that controls the exhaust gas regulation depending on the outside temperature. Independent emissions tests and checks by the Federal Motor Transport Authority (KBA) confirm that the exhaust gas purification system has been switched off.
BGH lowers the hurdles for successful consumer lawsuits
The new diesel jurisprudence of the Federal Court of Justice significantly lowers the hurdles for successful diesel lawsuits, as proof of negligent actions by car and motorhome manufacturers is now sufficient to assert claims for damages.
Further mobile home proceedings in the wake of the diesel scandal will follow before the Federal Court of Justice in November 2023. The question of whether Stellantis/Fiat-Chrysler acted negligently or possibly intentionally and immorally will be legally clarified. If convicted of intentional conduct and immorality, the purchase contract can be completely reversed, minus compensation for use.
Fiat Ducato drivers should act now!
Do you own a Fiat motorhome? Then it is time to act. The legal experts at Rogert & Ulbrich recommend that you immediately apply for a free and non-binding consultation to contact us. Take advantage of this opportunity without obligation and from the comfort of your own home. Call now.
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