In Germany, approximately 136,500 vehicles are affected. In the US, approximately 195,000 more vehicles must be inspected. BMW has not disclosed an exact global figure, but one thing is clear: numerous models produced between September 2015 and September 2021 are affected – including in Asia and other European countries. BMW is informing affected customers directly.

Possible consequences of the defect

Water penetration into the starter motor can cause corrosion, starting problems, short circuits, and localized overheating. BMW explicitly warns: In the worst case, the vehicle could catch fire.

The risk exists even when the car is parked. BMW therefore recommends keeping the vehicle outdoors until repairs are completed, and not near buildings or garages. BMW has not disclosed the cost of the recall. However, given the necessary starter replacements and, in some cases, more powerful batteries in hundreds of thousands of vehicles, the sum is likely to be substantial.

Der Beitrag Feuergefahr bei BMW: Rückruf von 136.500 Fahrzeugen in Deutschland erschien zuerst auf R&U.

This incident raises questions, especially in light of BMW's conduct. The driver of a BMW X7, who had recently purchased the car, was on his way to vacation with his family and dogs. The accident occurred on a speed-restricted section of the motorway, with the vehicle's speed limited to 120 km/h. Without warning, the vehicle suffered a system failure, forcing the driver to drastically increase braking force. The failure of ABS and DSC significantly exacerbated the situation.

Despite increased braking and a stopping distance of approximately 200 meters, a collision with another vehicle was unavoidable. Although the driver had a mobility guarantee, he had to resort to public transport because his car was no longer drivable.

Three days after the accident, the driver was notified of his vehicle's recall, which indicated potential ABS and DSC failures and stated that very strong brake pressure was necessary. Only then did the driver understand how the accident occurred. An inquiry to BMW by a leading German newspaper revealed that the company was aware of the accident and could not identify any faults in the braking system, which raises questions given the car's damage.

Shortly after the press release, the driver received a letter from BMW confirming a system malfunction and announcing the replacement of the Integrated Braking System (IBS). This raises questions about BMW's consistent communication.

BMW has also imposed a delivery freeze on approximately 400,000 vehicles. These vehicles will only be delivered after a software update and, if necessary, the installation of a new braking system, which BMW says will take several months due to a lack of the necessary spare parts. The vehicles will only be delivered after customers have read and signed an information letter.

Given this situation, affected customers should exercise their rights and declare withdrawal if necessary.

Affected models from 2022 onwards:

• BMW 2 Series Active Tourer
• BMW x1 and ix1
• BMW XM
• BMW X5 LCI
• BMW X5 LCI
• BMW X6 LCI
• BMW X6M LCI
• BMW X7 LCI  
• BMW 5 Series Sedan including i5
• BMW 7 Series Sedan
• BMW Alpina XB7
• Mini Cooper
• Mini Countryman
• Rolls-Royce Spectre

Act now!

Legal options for BMW customers: options for action in the event of recalls and material defects

BMW customers affected by the current recalls have various legal options to take action against potential defects. According to the statutory warranty for material defects, which applies to new cars for two years from the date of purchase, warranty claims for vehicles purchased in 2022 can be asserted until the end of 2024.

Customers have the right to reduce the purchase price or withdraw from the purchase contract if the manufacturer is at fault. In such cases, they may also be entitled to compensation. However, customers are generally not entitled to a replacement vehicle or a rental car during the repair period, which can cause considerable inconvenience.

In practice, it is often the courts that decide on such cases, especially when it involves the return of the vehicle against reimbursement of the purchase price less compensation for use or pure compensation for damages.

It is important that those affected take action to assert their rights and avoid potential financial losses. In Germany, legal expenses insurance often covers the costs of such proceedings, provided the relevant insurance coverage was already in place at the time of purchase. There is also the option of litigation funding, which allows you to take legal action against the car manufacturer without any financial risk.

Der Beitrag Rückrufaktion bei BMW wegen Bremsproblemen führt zu schwerem Autobahnunfall erschien zuerst auf R&U.

Munich – This extensive recall, affecting 1.5 million vehicles, has significant financial consequences for BMW and is generating negative media coverage. The reason is a potential defect in the braking system that affects numerous models, including those in Germany. This safety measure is intended to prevent (serious) accidents, but that appears to have already happened: A serious accident involving a BMW model that has not yet been recalled is casting the Munich-based premium manufacturer in a negative light.

In the incident reported by Bild, a BMW X7 was involved in an accident in the Czech Republic after the driver from Germany suddenly had to brake hard.

BMW recall: Vehicle involved in an accident in the Czech Republic

The 34-year-old was on vacation with his partner and two dogs when his brakes failed on a motorway, significantly impairing his driving. Despite a reportedly 200-meter braking distance, the collision with another vehicle could not be avoided; fortunately, however, the occupants were uninjured.

According to the report, the incident was also exacerbated by the fact that the section of road was limited to 120 km/h. The braking problem, which led to the recall of BMW vehicles, affects both the anti-lock braking system (ABS) and the dynamic stability control (DSC) and can endanger the safety of the vehicle's occupants and other road users.

BMW and the faulty brakes: Report on delayed recall letter

The owner of a 2.5-ton BMW SUV had purchased the vehicle months before the accident. The automaker's response was allegedly inadequate: Despite an existing mobility guarantee, the driver was initially referred to the train because the car was no longer drivable.

Furthermore, three days after the accident, the man unexpectedly received an official recall letter citing the problem with the Integrated Braking System (IBS). Thus, the necessary and presumed explanation for the accident reached him late.

Brake problems at BMW: Accident driver sues the premium manufacturer

According to reports from Bild, BMW's response to a corresponding inquiry is causing confusion. Initially, the manufacturer stated that after inspecting the car involved in the accident, no technical defect in the braking system could be detected. Just a few days later, the driver received the surprising notification that the braking system of his X7 (M version) needed to be replaced. The accusation is that BMW attempted to conceal the technical defect in connection with the accident. "I almost died," the driver of the accident is quoted as saying, and he has now initiated legal action against the manufacturer.

Immorality or negligence?

If a court finds the vehicle to be immoral, car buyers have the option of returning the vehicle to the manufacturer. In this case, they will receive a refund of the purchase price less the vehicle's previous use.

In cases of negligent action on the part of the manufacturer, the difference in damages applies: Under certain conditions, buyers can receive up to 15 percent of the purchase price back without having to return their vehicle. This regulation allows buyers to receive financial compensation for the damage they suffered without having to abandon the vehicle.

BMW brake problems affect numerous model series

A Munich law firm has initiated legal action on behalf of the affected driver and declared the cancellation of the car purchase. Confidence in the vehicle has been irrevocably destroyed, and the driver does not want to expose himself to such danger again. In addition to recalling vehicles already sold, BMW has also imposed a delivery freeze on approximately 400,000 new vehicles. These vehicles, which include the X7 and numerous other model series, may only be delivered after a software update has been installed and, if necessary, the brake system has been replaced.

BMW recall: Options for car buyers of affected models

According to BMW, these measures will take several months due to the current shortage of spare parts. New car buyers will also be required to sign a letter informing them of the defect and the necessary repairs.

BMW customers whose vehicles are affected by the defects have legal options: The statutory liability for material defects generally applies for two years from the date of purchase. Vehicles purchased in 2022 can therefore be claimed until the end of 2024.

In a letter from the law firm, customers are granted the right to reduce the purchase price or withdraw from the contract. In certain cases, they may also be entitled to claim damages, particularly if the manufacturer can be proven to be at fault.

BMW recall affects around 150,000 models in Germany

According to the manufacturer, the problems with the BMW braking system have been identified in approximately 150,000 models in Germany alone. The German Press Agency (dpa) reports that between three and five percent of the components supplied by Continental are defective, which is why all affected vehicles must be inspected. Due to several problems, the Munich-based automaker has significantly reduced its sales and profit expectations for 2024. In addition to the recall due to the braking system, weak sales figures in China are also responsible for this.

Profit before taxes is expected to decline by at least ten percent compared to the previous year.

Der Beitrag Millionen-Rückruf bei BMW: Klage eines Mannes nach schwerem Unfall erschien zuerst auf R&U.

BMW AG under pressure

Even without proof of Federal Motor Transport Authority (KBA) that switch-off devices were installed, the courts are increasingly making rulings. The KBA assumes that the use of the so-called thermal window to protect the engine is permissible. The court, however, does not share this view. Rather, it is now up to BMW AG to demonstrate to the court that the specific data for the thermal window was already communicated to the KBA at the time of type approval. If BMW AG does not succeed in doing this, the court will award damages to the plaintiff represented by Rogert & Ulbrich.

Rogert & Ulbrich sees positive prospects

We at Rogert & Ulbrich recommend having your claims examined. Our initial consultation is free and non-binding. We have already won numerous judgments for our plaintiffs and have been involved in the diesel emissions scandal since the beginning. Get advice without obligation.

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Antitrust violation – The technology of AdBlue tanks was not fully exploited

The technology of AdBlue tanks has the potential to reduce harmful emissions beyond the requirements of the EU emissions standard. However, the exploitation of this potential was prevented by agreements between Daimler, BMW and Volkswagen. AdBlue tanks in diesel vehicles with newer generations of catalytic converters contain special urea solutions that could enable more efficient exhaust gas purification and a corresponding reduction in harmful emissions.

Adblue strategy also installed in EA288 diesel engines

Our law firm has received the first positive judgments (including LG Offenburg Az. 3 O 39/20; LG Kleve Az.3 O 421/20) in which the court found a claim for damages due to the installation of inadmissible AdBlue dosing strategies even in vehicles with EA288 diesel engines (successor to EA189) is answered in the affirmative. This means that a so-called SCR catalyst in the vehicle controls the amount of AdBlue injected depending on the situation. The values are reduced on the test bench, in contrast to normal operation.

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Der Beitrag Wettbewerbsstrafen gegen BMW und Volkswagen in Millionen Höhe erschien zuerst auf R&U.

The car companies have caused massive damage to diesel buyers with illegal emissions manipulation. Those affected are threatened with driving bans due to the high nitrogen emissions and financial damage as the buyback value of the vehicles has fallen dramatically. Diesel manufacturers have long refused to offer effective hardware upgrades, but now many customers are receiving offers to do so. What should we make of this?

For several months now, owners of Euro 5 diesels, including the brands BMW, Mercedes, Volvo and VW, offers for retrofitting with SCR catalysts. This is intended to “completely avoid” driving bans. Volkswagen and Daimler pay subsidies of up to 3,000 euros for the conversion – but only in cities with too high NO_xvalues in which driving bans BMW and Volvo have so far refused. Since the cost of the conversion is well over 3,000 euros, even diesel owners who receive a subsidy have to pay a few hundred euros extra. For a Mercedes GLK 220 CDI, for example, 1,250 euros are due.

What are the benefits of hardware upgrade?

Many drivers are confused: does the retrofitting of SCR catalysts really make vehicles cleaner? And why should only Euro 5 diesels be fitted with them when there are numerous Euro 6 cars whose nitrogen oxide (NOx) emissions are well above the permissible limits? Car manufacturers have long refused to carry out hardware upgrades; does the sudden change of opinion mean that software updates are useless after all? And why do car manufacturers not cover the full cost of the upgrades? After all, they are responsible for the fact that diesels only comply with the limits on the test bench, but not on the road.

Avoid driving bans

In fact, the hardware upgrades for Euro 5 diesel are part of the "Concept for clean air and securing individual mobility in our cities"This provides for driving bans for Euro 4 and Euro 5 diesel vehicles – unless the vehicles emit less than 270 mg NO in real operation._x per kilometer – and not just in a narrow “thermal window“, but under the weather conditions typical in Central Europe.

50 percent less nitrogen oxides thanks to SCR catalyst

These limits cannot be met with the software updates advertised by the car manufacturers. On the contrary: in some cases, nitrogen emissions even increase further after the update, as a report by the ZDF magazine "Frontal 21" shows.

Now hardware upgrades are supposed to fix it. The Federal Motor Transport Authority (KBA) has been issuing operating permits for SCR systems since mid-2019. In cooperation with the Baden-Württemberg Ministry of Transport, the ADAC four retrofit catalysts were tested. The result: The NO_xEmissions from Euro 5 diesels can be reduced by at least 50 percent – albeit with outliers at low temperatures.

"Better late than never. The car companies have finally realized that their cheap solution of software updates does not turn polluters into environmentally friendly cars. For diesel owners, hardware retrofitting is a good way to make their diesel cleaner and avoid driving bans and loss of value. But: only a few diesel owners receive the manufacturer subsidy. And those who claim it usually waive their right to compensation in the diesel emissions scandal. Given the fact that the car manufacturers deliberately harmed their customers with the illegal switch-off devices, this is unacceptable. The manufacturers would have to bear the full costs of repairing the damage they caused themselves. We therefore recommend that all those affected seek legal advice."

Partner Dr. Marco Rogert

Is hardware upgrade the right solution for you?

If you receive an offer to retrofit your vehicle, you are not obliged to have the update carried out. Before you decide, you should first consider whether the SCR retrofit is worthwhile for your vehicle at all. This depends on the age of your diesel, the potential increase in value and any possible driving bans. In particular, if the manufacturer does not provide a cost subsidy, reversing the car purchase in return for compensation may be the better alternative for you. Or would you like to keep your car but have the manufacturer pay for the update in full?

We are happy to advise you and represent your claims. The chances for individual lawsuits are better than ever. Trust our expertise and extensive experience with proceedings in the diesel emissions scandal. We have already obtained numerous successful judgments for our clients. Contact us!

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For the "thermo window", a frequently used manipulation of emissions control, a clear position is emerging in case law: they are illegal. Car manufacturers who sell vehicles with this defeat device are deliberately harming their customers in an immoral manner. This is confirmed by a recent ruling by the Heidelberg Regional Court against Volkswagen.

The "thermal window" - the term was coined by former transport minister Alexander Dobrindt - is a temperature-dependent manipulation of emissions control. It means that the exhaust gas purification only works in a narrow temperature window, for example between 17 and 30 degrees. That is, on the test bench, where it is a pleasant 25 degrees. On the road, however, the exhaust gas purification only works when the weather is good and even then only when it is not too hot. From October to May, i.e. more than half the year, the diesels are on the road as polluters.

This is not a problem for the car companies. Whether Audi, BMW, Daimler, Porsche  or Volkswagen: All of them use thermal windows - ostensibly for the purpose of engine protection. In doing so, they refer to Article 5, Paragraph 2, Sentence 2, No. 1 of EC Regulation No. 715/2007, which allows the use of defeat devices if they serve to ensure the safe operation of the vehicle and protect the engine. 

No exception to the ban on switch-off devices for thermal windows

Numerous courts and the Advocate General of the European Court of Justice (ECJ) have already determined that this extremely extensive interpretation of the exception is not legal. It can be assumed that both the ECJ and the Federal Court of Justice (BGH) will definitely declare thermal windows illegal.

Heidelberg Regional Court awards VW customers as much money as the vehicle cost

This view was also followed by the Heidelberg Regional Court in the case of a VW T5 Transporter 2.0 I TDI of emissions class 5, in which the scandal engine EA189 with thermal window is installed. The plaintiff had purchased the vehicle used in 2015 for 58,500 euros. The court found that the vehicle did not have a permanently safe operating license due to the thermal window. The vehicle owner is therefore threatened with considerable damage - namely the decommissioning of the diesel. Volkswagen has thus intentionally and immorally harmed the buyer of the T5 in a particularly reprehensible manner. The verdict: VW must take the vehicle back and pay the injured party around 49,900 euros in damages after deducting compensation for use. In addition, the plaintiff was awarded tort interest of 8,600 euros. The bottom line is that he will receive as much money as he paid for the VW Transporter (May 29, 2020, case number 4 O 199/19).

VW fails with cover-up tactics

The car manufacturers usually remain silent about details about engines and shutdown devices. VW failed to provide information about the control software in the T5 before the Heidelberg Regional Court. The question of why the thermal window fulfills the requirements for an exception to the ban on defeat devices was also left unanswered by the car manufacturer in two oral hearings - even though the court ordered it to meet its "secondary burden of proof" by means of a conditional order. 
With this cover-up tactic, the car manufacturers are making things easy for themselves - and are brazenly ignoring the law. In principle, the injured car buyers, as plaintiffs, are subject to the burden of proof. They would have to prove whether a defeat device in their diesel is effective, how it works, to what extent it represents damage and who is responsible for it. But this is hardly possible for the plaintiffs because they do not have detailed knowledge of engines, software and decision-making processes.

What does the “secondary burden of proof” mean?

In such cases, the "secondary burden of proof" comes into play: If the plaintiff lacks information about a fact - in this case: the defeat device - the defendant, i.e. the car manufacturer, must substantiate its argument with more detailed information. This means that car companies cannot simply deny that they have installed a defeat device or claim that it is legal. They must provide substantive information on this. Accordingly, the Heidelberg judge made it clear: "Volkswagen made the strategic decision to obtain EC type approval for all vehicles of its group companies equipped with the thermal window (...) by deception without the material requirements for this being met."

"Now Daimler is also threatened with a diesel debacle. It is high time that the perfidious procedural strategy and the clean-cut image were put to rest. The company relies on diesel for many of its diesel cars. 'thermo window' which are intended to conceal emissions values; hundreds of thousands of vehicles have already been recalled as a result. These illegal switch-off devices are a clear fraud against customers. We advise affected customers to have their individual claims examined by a lawyer." 

Partner Dr. Marco Rogert

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Der Beitrag “Thermofenster” kommt VW teuer zu stehen erschien zuerst auf R&U.