What happens if the manufacturer subsequently reduces the performance of your electric car via an update?
Does your electric car suddenly have a lower range or charge more slowly after a software update? A subsequent reduction in range without your consent can constitute a defect and trigger claims for rectification, price reduction, or damages. This article explains the legal implications.
If the update reduces performance instead of improving it
Modern electric cars receive regular software updates. These usually improve the vehicle. However, there are cases where an update noticeably reduces performance, for example, through a reduced usable battery capacity or a slower charging speed. Those affected often only notice this in the vehicle's everyday driving behavior.
Manufacturers typically justify such modifications with battery protection, longer lifespan, or safety considerations. This justification may be valid in individual cases. However, it does not change the fact that you purchased a vehicle with a specific, promised performance capability.
The crucial point is the unilateral nature of the agreement. A purchase contract cannot be subsequently changed simply because the manufacturer adjusts the vehicle's specifications via an update. Anyone who receives less than agreed upon generally has rights.
Is your vehicle performing worse after an update than before? Have it checked to see if this constitutes a defect.
The legal basis: Obligation to update goods with digital elements
A modern electric car is legally considered a product with digital elements. Since January 1, 2022, a special regulation has applied to such products in Section 475b of the German Civil Code (BGB). This regulation extends the definition of a defect beyond the point of delivery.
The core of the regulation: The seller must provide the consumer with the updates necessary to maintain the goods' conformity with the contract during the relevant period. Updates are intended to ensure that the vehicle continues to function as it did upon delivery. An update that permanently reduces the range or charging capacity defeats this purpose. It does not maintain the agreed-upon condition, but rather impairs it.
This means that a reduction in power output can be assessed according to the same principles as any other material defect under Section 434 of the German Civil Code (BGB). The decisive factor remains the quality that you could expect according to the contract and the manufacturer's publicly available information.
Important to know: The regulation in Section 475b of the German Civil Code (BGB) applies to purchase contracts concluded on or after January 1, 2022. For older vehicles, the general rules regarding defects apply.
Whether the update obligation applies in your case depends on the purchase date. We will assess the legal situation of your contract.
A look at Norway: what the Tesla proceedings show
A well-known example of a subsequent throttling comes from Norway. In 2019, Tesla rolled out a software update for early Model S vehicles, which the manufacturer claimed was intended to protect the battery and extend its lifespan. Numerous owners subsequently reported reduced range and longer charging times.
The case went through several stages, which should be kept separate. In May 2021, a Norwegian arbitration board awarded approximately 30 vehicle owners around €13,300 each. However, this decision was made in Tesla's absence and was appealed by the company. In the subsequent appeal, the Borgarting Court of Appeal in 2024 ordered Tesla to grant four vehicle owners a price reduction of approximately €4,300 each because the charging speed had been reduced.
These decisions are not binding for German buyers. Norwegian law is not German law, and foreign rulings have no direct effect here. However, they show that courts do not readily accept a subsequent reduction in power and that monetary compensation is a possibility.
We address other issues surrounding Tesla, from range problems to frequent defects, separately on our page about... Tesla defects.
Foreign court rulings do not replace a review under German law. We will tell you what applies in your case.
Your rights in the event of subsequent throttling
If the throttling constitutes a material defect, you are entitled to the tiered warranty rights under § 437 of the German Civil Code (BGB). Which course of action is advisable depends on the extent of the loss.
- Subsequent fulfillment: You can demand that the contractually agreed-upon condition be restored, for example through software that brings back the original performance.
- Reduction: They keep the vehicle and demand a partial refund of the purchase price. This is often the most practical solution when the loss is permanent but limited.
- Resignation: In the event of a significant loss, return of the item in exchange for a refund of the purchase price less a usage fee may be considered.
- Damages: Reimbursement can be claimed for expenses such as expert fees or any reduction in value resulting from the throttling.
The same criteria apply to determining when a loss of reach is significant enough to warrant a withdrawal as to a general lack of reach. We explain these criteria in detail on our page about... Reversal of an electric car purchase due to insufficient range.
Which claim makes the most economic sense for you can only be determined on a case-by-case basis. We will assess your options before you make a decision.
How to secure evidence of throttling
The biggest hurdle is proving that the vehicle behaves differently after the update than before. Those who only react after months have a harder time. These documents will help.
- Values before the update: Battery charge levels, range indicators and charging times from before the update are particularly valuable.
- Update history: Note the date and version number of the update, as well as the time of the first change.
- Values after the update: Document how the range and charging performance have changed over several charging cycles.
- Correspondence: Save the purchase contract, manufacturer's specifications regarding range, as well as any complaints and their responses.
Where personal records are lacking, a technical report can be helpful, especially regarding the battery's capacity and charging behavior.
The more complete your documentation, the stronger your position. We'll tell you which evidence really counts in a dispute.
Deadlines and what you should do now
Claims for defects against the dealer for a new car generally expire two years after delivery. However, claims arising from a breach of the update obligation are subject to a special rule: they do not expire until twelve months after the end of the update period. You should keep both deadlines in mind.
Report the change to the dealer in writing and describe specifically what has changed since the update. Do not accept any settlement offer until you know the value of your claim.
Rogert & Ulbrich are very familiar with the legal mechanics behind subsequent software modifications. emissions scandal For years, this very question was the subject of much debate, for example in the Software updates and thermal windows, in which subsequent modifications to vehicle control systems were the central issue. The law firm is now applying this experience to software-related cases involving electric cars.
Do not install any further updates until the current state has been documented.
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 and has its own Automotive sector. The law firm of Dr. Marco Rogert and Tobias Ulbrich has taken on 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 investigate whether the update has unlawfully reduced your vehicle's performance, quantify your claims, and negotiate out of court with the dealer and manufacturer. If no satisfactory solution can be reached, we will enforce your rights in court, from subsequent performance and price reduction to compensation for damages.
Has your electric car's performance been throttled via an update? Get in touch and protect your rights.
