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.

The ruling is not yet final, as Mercedes-Benz has announced that it will appeal the decision. Affected consumers can successfully assert their claims for damages if the ruling is upheld by the Federal Court of Justice in Karlsruhe.

background the lawsuit

The consumer protection agency's lawsuit focuses on vehicles with a specific engine type that were manufactured between 2012 and 2016 and were later affected by a recall notice from the Federal Motor Transport Authority (KBA).

The model declaratory action was filed in 2021, and the proceedings began in July 2022. 2,848 consumers joined the model declaratory action. However, the proceedings experienced several delays due to the pending outcome of important decisions from the European Court of Justice (ECJ) and the Federal Court of Justice (BGH). These decisions were crucial for the course and structure of the proceedings, which is why the proceedings were postponed several times pending the outcome of these supreme court rulings.

ECJ sensational ruling in favor of consumers

The European Court of Justice (ECJ) ruled in favor of consumer rights in its judgment (C-100/21) of March 21, 2023. According to the ruling, consumers can assert claims for damages even if the manufacturer acted only negligently and not intentionally. Furthermore, the ECJ ruled that the thermal window is unlawful.

BGH follows the consumer-friendly case law of the ECJ

In its judgment of June 26, 2023 (VIa ZR 335/21), the Federal Court of Justice (BGH) followed the ECJ's legal opinion. The BGH confirms that consumers are entitled to compensation even without proof of intent or immorality.

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.

Partial success but no direct award of damages

With its recent ruling, the Stuttgart Higher Regional Court confirmed the view of the Federal Motor Transport Authority (KBA) that illegal defeat devices are installed in the affected Euro 6 and Euro 5 models. However, the Stuttgart court also dismissed some parts of the lawsuit. It found that the accused employees knowingly accepted that the vehicles were equipped with illegal systems. However, the court could not establish any intentional action on the part of the automaker, as alleged by the German Consumer Organization (vzbv). Likewise, the court did not support the consumer advocates' claim that members of the Mercedes-Benz board of directors had ordered or approved the use of the identified illegal defeat devices.

Furthermore, the Stuttgart court emphasized that its ruling does not directly order Mercedes to pay specific damages. Rather, consumers' claims must be asserted in individual lawsuits. The chances of success for individual lawsuits involving the affected vehicles have increased significantly as a result of the Higher Regional Court's ruling.

Rogert & Ulbrich recommends

We will be happy to check for you free of charge whether your Mercedes model is affected by the diesel emissions scandal and calculate the possible amount of your claim for damages. You can contact us by phone, and our advice is completely non-binding. We are happy to assist you in this complex legal area and answer your questions.

Der Beitrag Musterfeststellungsklage gegen Mercedes-Benz: Verbraucherschützer erzielen Teilerfolg erschien zuerst auf R&U.

The German Environmental Aid (DUH) has again successfully sued the Federal Motor Transport Authority (KBA) before the Schleswig Administrative Court (case no. 3 A 332/20). The DUH is demanding the annulment of approval notices that the KBA has issued in the past for software updates. These updates were approved in order to correct inadmissible exhaust gas purification switch-off devices on certain diesel engines. The court ruled in favor of the DUH and thus upheld its claim.

Chamber considers thermal windows to be inadmissible

The court's chamber considers so-called thermal windows in particular to be inadmissible defeat devices that the KBA should not have approved. The car manufacturers Volkswagen, Audi and Seat, which belong to the Volkswagen Group, were involved in the hearing. The decision affects 62 older models of various brands of the Volkswagen Group. The chamber chairman emphasized that defeat devices are only permissible if they directly prevent damage to the engine. This was not the case in this case.

DUH urges action

The German Environmental Aid (DUH) is urging the Federal Motor Transport Authority (KBA) to finally take action. DUH Federal Managing Director Jürgen Resch describes the ruling as a clear defeat for Federal Transport Minister Wissing and the KBA under his leadership. He stresses that by switching off proper exhaust gas purification in millions of diesel vehicles, "millions of people in our cities would be unnecessarily exposed to high, extremely harmful nitrogen dioxide concentrations."

dispute over thermal windows

The long-standing dispute between environmentalists and car manufacturers revolves primarily around thermal windows. This software reduces the cleaning of exhaust gases, especially at lower temperatures, which causes vehicles to emit more pollutants.

legal remedy announced

About a year ago, this court dealt with a similar case and essentially ruled in favor of Deutsche Umwelthilfe (DUH). At the time, the lawsuit concerned older models of the VW Golf with the same engine type (judgment of February 20, 2022, case number 3 A 113/18). This judgment is not yet final. Both the Federal Motor Transport Authority (KBA) and Volkswagen have appealed to the Schleswig-Holstein Higher Administrative Court (OVG) in Schleswig.

Volkswagen has announced that it will also appeal against the current ruling. In addition to the appeal to the Higher Administrative Court, the Administrative Court has allowed an appeal to the Federal Administrative Court due to the fundamental importance of the legal case.

R&U Rechtsanwälte recommend

This case clearly underlines that the emissions scandal is far from being fully resolved. We therefore recommend that you have your situation reviewed by our experienced R&U lawyers to determine whether you are affected by the diesel emissions scandal and are entitled to compensation. Benefit from our many years of expertise as a leading law firm in the field of the diesel complex and receive free advice by telephone.

Der Beitrag Abgasskandal 2024: Klage gegen Kraftfahrt Bundesamt erschien zuerst auf R&U.

In a current legal dispute, a dispute has arisen over the warm-up function of an Audi SQ5 (EU 5). In its advisory decision, the Higher Regional Court (OLG) of Frankfurt am Main has now determined that the R&U lawyers have presented sufficient evidence that the vehicle has a warm-up function and that this is an inadmissible switch-off device.

Evidence of Audi's warm-up function

The Rogert & Ulbrich law firm bases its argument on a dealer information that Audi itself issued in 2019. According to this, this so-called warm-up function exists so that the oxidation catalyst quickly reaches its working temperature after the engine has started. However, this function is almost only active on the test bench and is throttled during real driving, according to the R&U lawyers. It is undisputed that the Federal Motor Transport Authority (KBA) issued a decision in 2019 stating that this is an inadmissible switch-off device.

Audi does not deny the warm-up function

Interestingly, Audi does not deny that this dealer information also applies to the specific vehicle in question, the Audi SQ5 (EU 5). However, the automobile manufacturer argues that the warm-up function described is not an illegal switch-off device, as it allegedly does not affect the legal limits for emissions. However, Audi does not question the existence of this illegal switch-off device.

Does the warm-up function affect the permissible limits?

The actual effect on the emission limits is irrelevant, according to the Frankfurt Higher Regional Court, as long as part of this warm-up function contributes to reducing emissions. According to the advisory decision, there may not be any immoral damage in accordance with Section 826 of the German Civil Code, as the installation was not intended to deceive people about compliance with the limits.

Frankfurt Higher Regional Court proposes settlement

The court proposes a settlement to the parties, whereby Audi should pay the client of the Rogert & Ulbrich law firm an amount calculated according to the now standard formulas. If no settlement is reached, both parties have the opportunity to comment within four weeks. It remains to be seen how Audi will respond.

R&U Rechtsanwälte recommend

The case clearly shows that the issue of the “emissions scandal” has still not been fully resolved. Let our experienced lawyers examine your case and determine whether you are also affected by the diesel emissions scandal and are entitled to compensation. Benefit from our many years of experience as a pioneering law firm in the diesel complex.

Der Beitrag Dieselgate: Neue Entwicklungen im Audi Abgasskandal erschien zuerst auf R&U.

Mercedes-Benz diesel vehicles have been subject to mandatory recalls since 2018 on the instructions of the Federal Motor Transport Authority (KBA). New recall notices have been issued for the Mercedes Vito and Viano models since September 2023 (recall code NC2II6515R / 0797185). Now AUDI is also facing the next wave of recalls for the 3-liter/six-cylinder VTDi engines.

Recall letters often entitle you to compensation

Mandatory recalls as part of the diesel emissions scandal are forcing software updates to fix illegal emissions control switch-off devices. Millions of diesel vehicles are affected, and there are significant claims for damages from deceived customers.

What you should do now

If you have received a letter from the KBA or the vehicle manufacturer informing you that your vehicle requires a software update, contact the Rogert & Ulbrich law firm immediately, which specializes in the diesel emissions scandal. During the free initial telephone consultation, you will immediately find out how much compensation you are entitled to. Take your chance and benefit from the many years of expertise of our specialized lawyers to secure your compensation. 

Please note that you should not install the software update initially so that your claim for compensation is not voided.

AUDI – group-wide manipulation of vehicles

Vehicles from all group brands, including VW, AUDI, Skoda, Seat and Porsche, are affected by the emissions scandal and use a variety of engines. This includes the large-engined V6 engines that were installed in AUDI vehicles from the A and Q series, among others. Now the KBA is threatening further mandatory recalls for these 3-liter engines.

Mercedes Dieselgate 2.0

The Mercedes emissions scandal affects numerous diesel vehicles across Europe, including models of the A, B, C, E, G and S classes as well as off-road vehicles. Transporters such as the Sprinter and vans such as the Vito and Viano are also affected.

Since September 2023, the Federal Motor Transport Authority (KBA) has ordered new mandatory recalls for the Mercedes van models Viano and Vito. The recall code is NC2II6515R / 0797185.

ECJ & BGH strengthen rights of millions of affected people

In July 2022, the European Court of Justice (ECJ) ruled that temperature-controlled defeat devices (often popularly called "thermo windows") are illegal if they result in the exhaust gas purification not working properly for more than half of the year. In March 2023, the ECJ also ruled that buyers of vehicles with illegal defeat devices can in principle receive compensation even if the manufacturers did not act immorally but negligently violated the EU Vehicle Registration Regulation. With the groundbreaking ruling, the ECJ forced a U-turn by the Federal Court of Justice (case number: C-100/21). Consumers are therefore entitled to compensation even if the manufacturers of diesel engines acted negligently. Previously, it was necessary to prove that the manufacturers acted intentionally. This is no longer necessary and simplifies the proof.

Get compensation for the difference and keep the car

The European case law of the ECJ forced the Federal Court of Justice (BGH) to make a fundamental change in its case law in the diesel emissions scandal on June 26, 2023. The BGH has introduced so-called differential compensation, which makes it easier than ever for consumers to claim compensation in the emissions scandal. Drivers of a diesel vehicle with a "thermal window" are entitled to compensation of 5 to 15 percent of the purchase price in accordance with Section 823 (2) of the German Civil Code (BGB). In contrast to reversing the purchase contract and returning the manipulated vehicle to the manufacturer, in the case of differential compensation, vehicle owners can keep their car and receive financial compensation for the loss in value of their vehicle.

Who bears the costs of the recall?

The manufacturers cover the repair costs as part of recall campaigns, but there is no entitlement to reimbursement for the time invested or a replacement vehicle. The software updates often lead to increased wear and tear on the engine. Unless you assert your claims, these damages will not be compensated.

Who informs the vehicle owner in the event of a recall?

Vehicle owners are informed by post about upcoming recalls, either by the manufacturer or the KBA.

Which shutdown devices are used?

Various shutdown devices, such as the "thermal window", the coolant target temperature control (KSR) and SCR catalysts modified for AdBlue injection are often used in manipulated diesel vehicles. These shutdown devices often lead to problems with exhaust gas purification and result in violations of applicable emissions standards.

What are “thermo windows”?

These shutdown devices mean that, for example, exhaust gas purification is restricted or switched off at temperatures below 15 degrees, which are typical in Germany.

How does the coolant target temperature control (KSR)?

After a long period of downtime, the coolant target temperature control (KSR) ensures that the coolant is heated more slowly and thus fewer pollutants are produced. However, the KSR solution works almost exclusively on the test bench. It is not an industry standard and was kept secret from the Federal Motor Transport Authority by Mercedes. It is estimated that around 3 million Mercedes vehicles are equipped with the KSR software. 

How does the SCR catalyst work?

The SCR catalytic converter (Selective Catalytic Reduction) treats exhaust gases with the help of AdBlue and converts toxic nitrogen oxides (NOx) into water vapor and nitrogen. However, this catalytic converter has an illegal switch-off device to reduce AdBlue consumption. Different operating strategies for the SCR catalytic converter are legally illegal, which differentiate between the test bench and the exhaust gas measurement carried out there and normal road use. In reality, the exhaust gas recirculation rate is throttled and the vehicle's AdBlue dosage is reduced. This leads to the legal limits being exceeded in road use.

Rogert & Ulbrich recommends

It's worth being quick. The fewer kilometers you have driven and the sooner the hearing, the more you will get paid back. This also means you avoid the risk of your claims becoming time-barred. Don't miss out and act now. As leading lawyers in the emissions scandal, we are at your side with all questions about your claim for compensation and will examine your individual claims. Find out how high your claims are and how you can assert your claims for compensation in just a few seconds. We advise you free of charge and without obligation.

Der Beitrag Abgasskandal: KBA versendet seit September 2023 neue verpflichtende Rückrufbescheide wegen illegaler Abschalteinrichtungen erschien zuerst auf R&U.