{"id":100396,"date":"2026-07-23T09:11:54","date_gmt":"2026-07-23T07:11:54","guid":{"rendered":"https:\/\/ru.law\/?p=100396"},"modified":"2026-07-23T09:23:12","modified_gmt":"2026-07-23T07:23:12","slug":"software-update-reichweite-reduziert-rechte","status":"publish","type":"post","link":"https:\/\/ru.law\/en\/software-update-reichweite-reduziert-rechte\/","title":{"rendered":"Software update reduces the range of electric cars \u2013 what rights do you have?"},"content":{"rendered":"

What happens if the manufacturer subsequently reduces the performance of your electric car via an update?<\/strong><\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

If the update reduces performance instead of improving it<\/strong><\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Is your vehicle performing worse after an update than before? Have it checked to see if this constitutes a defect.<\/p>\n\n\n\n

The legal basis: Obligation to update goods with digital elements<\/strong><\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Whether the update obligation applies in your case depends on the purchase date. We will assess the legal situation of your contract.<\/p>\n\n\n\n

A look at Norway: what the Tesla proceedings show<\/strong><\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

The case went through several stages, which should be kept separate. In May 2021, a Norwegian arbitration board awarded approximately 30 vehicle owners around \u20ac13,300 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 \u20ac4,300 each because the charging speed had been reduced.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

We address other issues surrounding Tesla, from range problems to frequent defects, separately on our page about... Tesla defects<\/a>.<\/p>\n\n\n\n

Foreign court rulings do not replace a review under German law. We will tell you what applies in your case.<\/p>\n\n\n\n

Your rights in the event of subsequent throttling<\/strong><\/h2>\n\n\n\n

If the throttling constitutes a material defect, you are entitled to the tiered warranty rights under \u00a7 437 of the German Civil Code (BGB). Which course of action is advisable depends on the extent of the loss.<\/p>\n\n\n\n