Wohnmobil Archive - R&U

Fiat-Abgasskandal: Abschalteinrichtungen in Sunlight-Wohnmobil

Stefan Selge — Tue, 24 Oct 2023 13:13:38 +0000

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.

Der Beitrag Fiat-Abgasskandal: Abschalteinrichtungen in Sunlight-Wohnmobil erschien zuerst auf R&U.

Fiat-Abgasskandal: Immer mehr Wohnmobile betroffen

Marco Rogert — Thu, 28 Apr 2022 09:58:42 +0000

The Regional Court (LG) Dessau-Roßlau sentenced FCA Italy SpA (Fiat Chrysler Automobiles) to pay damages in the amount of € 42,964 and to take back a Fiat Ducato camper van (judgment of 14 April 2022, case number 4 O 315/21). The base vehicle was a Fiat Ducato with an engine Fi1 of the EU emission standard 6. The plaintiff had purchased the vehicle for a purchase price of € 50,199 on 19 June 2018 with a mileage of 0 km.

The LG sees compensation for intentional immoral damage according to § 826 BGB combined with § 31 BGB as given. The installed device – the timer – is to be regarded as an inadmissible shutdown device within the meaning of Article 3 No. 10 and Article 5 Paragraph 2 of Regulation (EC) No. 715/2007.

Timer not compliant with law

The engine control software from Robert Bosch GmbH was designed so that after approximately 22 minutes, the exhaust gas recirculation rate is reduced to almost zero and the regeneration of the NOx storage catalyst is deactivated. This includes a component that determines a parameter—time—to modify the emissions control system's exhaust gas recirculation. This also reduces the effectiveness of the emissions control system in real-world driving conditions. A trip, especially in a motorhome, typically lasts more than 22 minutes.

The built-in timer cannot be legally compliant, as it cannot be intended to purify the exhaust gases for only approximately 22 minutes. The fact that the exhaust gas purification ends exactly after the test bench has finished suggests that the timer is merely intended to circumvent the legal regulations regarding exhaust gas limits.

Fiat Ducato drivers should act now!

If you drive a Fiat motorhome, then you should act now. We at Rogert & Ulbrich recommend that you to receive free and non-binding adviceThe Fiat emissions scandal is very current, and more and more judgments are in favor of consumers.

Fiat-Abgasskandal: Chancen für Verbraucher steigen

Marco Rogert — Wed, 20 Apr 2022 07:04:20 +0000

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.

OLG Köln bestätigt Schadensersatzanspruch beim VW T5

Marco Rogert — Fri, 30 Jul 2021 10:52:20 +0000

The Higher Regional Court of Cologne has granted our client (Ref. No. I-25 U 91/20) damages in the amount of €48,000. The vehicle in question is a VW camper van. The plaintiff's camper van is equipped with the controversial EA189 engine, which, according to the court, is also equipped with an illegal defeat device.

Compensation even without an official KBA recall

Although there was never an official recall for the VW T5 from the Federal Motor Transport Authority, the court awarded our client damages. The motorhome is equipped with the same engine (EA189) as other VW vehicles with an official KBA recall. The advantage: Since there has been no official recall for this model to date, the statute of limitations has not expired. "I advise anyone who owns a T5 to seek legal advice from a specialist lawyer." advise to let it go," says Dr. Marco Rogert, whose law firm handled this case in Cologne.

Rogert & Ulbrich recommends

Diesel-Manipulation bei Wohnmobilen: Erster Rückruf des Kraftfahrt-Bundesamt (KBA) bei IVECO – was jetzt auf Sie zukommt!

Marco Rogert — Wed, 07 Apr 2021 14:12:40 +0000

According to an October 2020 report by the news magazine "Der Spiegel," 200,000 vehicles and motorhomes from Fiat and the Italian commercial vehicle manufacturer Iveco in Germany are said to be affected by tampering with their emissions control systems. The KBA has now taken action and issued an initial recall, which is published on the KBA website in the recall database:

https://www.kba-online.de/gpsg/
Recall code: 13T
KBA reference number: 010493

According to the KBA, the reason for the recall is “defective software that worsens exhaust gas purification.”

Dr. Rogert: "According to our findings, this involves a time-dependent shutdown of the exhaust gas purification system after approximately 22 minutes. Background: An emissions test lasts approximately 20 minutes, during which time the exhaust gas purification system remains active to simulate compliance with the limits on the test bench. This is likely an illegal defeat device, which we have already seen with other manufacturers in the emissions scandal."

First recall in the motorhome emissions scandal – motorhome owners should now carefully consider

Owners of vehicles based on the Iveco Daily with a “Heavy Duty” engine and the engine code F1C should visit the workshop.

Owners of motorhomes with these and similar engines now face a mandatory recall ordered by the KBA, with the risk of decommissioning.

These are vans from 2016 to 2019. According to Iveco, corresponding engines are also used in the following motorhome brands: Bimobil, Bocklet, Concorde, Dethleffs, Laika, Morelo, Niesmann+Bischoff, Pilote, Phoenix, Woelcke.

Claim for damages due to diesel manipulation – Fiat drivers should act now!

Many affected owners of motorhomes are already enforcing their rights in court and suing for rescission, i.e. repayment of the purchase price in return for the return of the vehicle.

Dr. Rogert: "In our opinion, this is the best form of compensation. In the six years we've been involved in the emissions scandal, many of our clients have repeatedly reported to us that vehicle damage occurred after installing a software update. Engine and transmission problems, damage to the exhaust cooling system, warning lights that regularly indicate malfunctions, loss of power combined with increased fuel consumption, to name just a few."

Especially considering the high purchase price and the often considerable costs for special equipment and modifications, for which those affected have often saved up for a long time, and the risk of long-term immobilization or damage following a software update, owners of affected vehicles should not hesitate to seek compensation now. Consult a lawyer for advice!

Wohnmobile auf Fiat Ducato Basis: Drohende Verjährung Ende 2021

Marco Rogert — Thu, 14 Jan 2021 15:47:35 +0000

Play it safe and file a lawsuit now.

The suspicion that Fiat had tampered with the emissions control system of its Multijet diesel engines has been known to the Federal Motor Transport Authority (KBA) and the Federal Ministry of Transport since 2016. In 2016, the manufacturer Knaus Tabbert intervened with then-CSU General Secretary Andreas Scheuer because of problems with the type approval of its vehicles. The Ducato serves as the base vehicle for the travel and motorhome industry. The first media reports about the manipulation at Fiat appeared in 2018. Judges could well interpret these reports as the starting signal for the start of the statute of limitations. If this is the case, the legitimate claims will expire at the end of 2021. This means that owners of affected vehicles should no longer put off seeking legal advice.

There are already numerous facts about the Fiat emissions scandal: In the spring of 2016, the German Environmental Aid (DUH) commissioned a review of the emissions levels of other manufacturers' vehicles in the wake of the diesel emissions scandal, which initially came to light with VW vehicles. The Fiat 500X Euro 6, with 1,777 mg/km of nitrogen oxide, exceeds all limits. The Euro 6 standard permits emissions of only 80 mg/km of nitrogen oxide.

In April 2016, in addition to the Fiat 500X, the Fiat Ducato Euro 5 also attracted negative attention. The KBA (German Federal Motor Transport Authority) found that the exhaust gas recirculation (EGR) system was operating at a reduced level of effectiveness. This is essentially a euphemism for an illegal defeat device. Shortly thereafter, Bosch GmbH informed the Federal Ministry of Transport that the automotive supplier had supplied Fiat with illegal defeat devices. Bosch had come under the investigators' scrutiny during the investigation into the VW emissions scandal and, in a meeting with the KBA in April 2016, also opened up about Fiat.

In 2017, investigations into the company began in the United States. The US Environmental Protection Agency (EPA) found eight defeat devices in vehicles with Fiat engines.

On July 22, 2020, the Frankfurt public prosecutor's office searched offices at Fiat Chrysler in Germany, Italy, and Switzerland. The Frankfurt public prosecutor's office is investigating the company for fraud.

Claim for damages due to emissions manipulation – Fiat Ducato drivers act now!

According to a report by the news magazine Der Spiegel, an estimated 200,000 vehicles from Fiat and the Italian commercial vehicle manufacturer Iveco in Germany are affected by diesel manipulation, including many motorhomes such as the Fiat Ducato. Particularly affected are motorhomes with Multijet engines meeting Euro 5 and 6 emissions standards, built between 2014 and 2019.

The diesel engines under suspicion are 1.3 liter Multijet, 1.3 liter 16V Multijet, 1.6 liter Multijet, 1.6 liter, 2.0 liter Multijet, 2.0 liter, 2.2 liter Multijet II, 2.3 liter, 2.3 liter Multijet, 3.0 liter from the years 2014 to 2019.

The engines mentioned, which comply with the Euro 5 and 6 emission standards, are found in a range of Fiat, Jeep and Alfa Romeo vehicles, from small cars to vans, and also in Iveco models.

The diesel emissions scandal, which has been public since 2015, is once again heating up in Germany.

Der Beitrag Wohnmobile auf Fiat Ducato Basis: Drohende Verjährung Ende 2021 erschien zuerst auf R&U.

Das Thermofenster: Unzulässige Abschalteinrichtung im Wohnmobil

Marco Rogert — Wed, 02 Dec 2020 13:11:11 +0000

Volkswagen must take back T5

In a case we conducted, the Cologne Regional Court ordered Volkswagen AG to pay damages: The plaintiff can look forward to EUR 47,991.64 and return the motorhome equipped with the fraudulent EA189 engine to the Volkswagen Group (LG Cologne of November 19, 2020, case number 24 O 167/20).

The plaintiff had bought the Volkswagen T5 California 2.0l TDI of the Euro 5 emissions class in March 2015. In January 2020, the KBA published a recall for this model.

The vehicle indisputably has a thermal window, said the judges. The defendant Volkswagen AG did not contradict the claim that the thermal window leads to a shutdown or significant reduction of exhaust gas recirculation. In general, VW's statements seemed evasive and not very specific.

The thermal window in its design is not permitted

The Volkswagen AG stated hesitantly that exhaust gas recirculation only takes place depending on the ambient air temperature in a temperature range of about 3 degrees Celsius to over 35 degrees Celsius. However, she did not elaborate on this.

Instead, the car manufacturer resorted to general statements about the function and necessity of the thermal window. The court therefore found that even in this temperature range, the exhaust gas recirculation required to comply with the pollutant values was not carried out to its full extent.

The thermal window is not permitted in its specific form. The shutdown device is also not designed to protect the engine. The European standard clearly aims to accept immediate risks that affect the reliability of the engine and pose a danger when driving the vehicle as a reason for deviating from the standard. However, this does not apply if you want to prevent wear or contamination of the engine.

Otherwise the exception would become the rule.

Wohnmobil Archive - R&U

Fiat-Abgasskandal: Abschalteinrichtungen in Sunlight-Wohnmobil

Thermo window in Sunlight motorhome detected

Compensation: 10 percent of the purchase price

Italian supervisory authority MIT

investigations by the Frankfurt public prosecutor's office

BGH lowers the hurdles for successful consumer lawsuits

Fiat Ducato drivers should act now!

Fiat-Abgasskandal: Immer mehr Wohnmobile betroffen

Timer not compliant with law

Fiat Ducato drivers should act now!

You might also be interested in:

Fiat-Abgasskandal: Chancen für Verbraucher steigen

Consumer-friendly development

Rogert & Ulbrich recommends

You might also be interested in:

OLG Köln bestätigt Schadensersatzanspruch beim VW T5

Compensation even without an official KBA recall

Rogert & Ulbrich recommends

You might also be interested in:

Diesel-Manipulation bei Wohnmobilen: Erster Rückruf des Kraftfahrt-Bundesamt (KBA) bei IVECO – was jetzt auf Sie zukommt!

First recall in the motorhome emissions scandal – motorhome owners should now carefully consider

Claim for damages due to diesel manipulation – Fiat drivers should act now!

You might also be interested in:

Wohnmobile auf Fiat Ducato Basis: Drohende Verjährung Ende 2021

Play it safe and file a lawsuit now.

Claim for damages due to emissions manipulation – Fiat Ducato drivers act now!

Das Thermofenster: Unzulässige Abschalteinrichtung im Wohnmobil

Volkswagen must take back T5

The thermal window in its design is not permitted

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