Fiat-Abgasskandal: Chancen für Verbraucher steigen

The Higher Regional Court (OLG) of Cologne announced in a decision dated 24 February 2022 that it intends to reject the appeal of the Fiat Chrysler Automobiles against a judgment of the Aachen Regional Court (case no. 28 U 55/21). The Higher Regional Court thus takes a consumer-friendly stance. With this decision, the Higher Regional Court also made it clear that the allegation of emissions manipulation is to be regarded as admitted. The plaintiff had sufficiently demonstrated in his submissions the requirements for intentional and immoral damage according to § 826 BGB explained.

The vehicle in question is a Motorhome Twist from the manufacturer ChaussonThe Regional Court (LG) Aachen had, by default, ordered Fiat Chrysler Automobiles for payment of €37,706 against the return of the motorhome (case no. 12 O 279/21). The purchase price of the motorhome was €41,400.

The emissions limits are only met on the test bench, not in real driving conditions on the road. Fiat Chrysler Automobiles installed a timer in the emissions control system that throttles the emissions control system after 22 minutes. This period corresponds exactly to the NEDC test cycle required to obtain the so-called EC type approval, without which the vehicle would not have been allowed to drive on European roads.

Consumer-friendly development

Other courts have also ruled in favor of consumers. Among others, the Landau Regional Court ordered Fiat Chrysler to pay damages in the amount of €48,155 (judgment of December 6, 2021, case number 2 O 169/21).

The Regional Court of Stade has also already ordered the dealer of a motorhome to pay damages due to a defective vehicle (judgment of August 17, 2021, case number 2 O 175/21).

The German Federal Motor Transport Authority (KBA) confirmed diesel manipulation in Fiat motorhomes last year. Due to illegal programming in the vehicles' (emissions) software, high nitrogen oxide emissions are occurring.

Due to the ever-increasing, consumer-friendly developments in the Fiat emissions scandal, the chances of obtaining compensation are increasing enormously.

Rogert & Ulbrich recommends

We are a renowned law firm with special expertise in consumer protection. We advise and represent vehicle buyers nationwide who have been harmed in the diesel emissions scandal. Current case law in the Fiat emissions scandal is becoming increasingly consumer-friendly. Therefore, we recommend your claims for damages to have it checked and asserted. Let us advise you free of charge and without obligation.