Cottbus district court condemns Fiat Chrysler in diesel emissions scandal

The Cottbus regional court has sentenced Fiat Chrysler Automobiles (FCA / now: Stellantis) to pay compensation of 20,262.74 euros in the diesel emissions scandal due to intentional damage and immorality (§826 BGB) (case number: 4 O 243 /22). The case concerned the Renegade car model from the subsidiary company Fiat Jeep. Fiat is particularly involved in the production scandal with mobile homes. From the point of view of the law firm Dr. Stoll & Sauer examines the relevance of the current case law of the Federal Supreme Court (BGH) and the European Court of Justice (ECJ) in relation to critical failure devices in vehicles. Therefore, the consumer law firm advises diesel drivers, especially homeowners, to seek free legal advice Check-Online. More information about the development at ECJ and BGH available on our special websites.

Illegal failure devices in Jeep Renegade

The Frankfurt public prosecutor’s office has been investigating the Fiat emissions scandal since the summer of 2020 – so far without the results being published. Car houses in particular have been affected by the scandal, as many manufacturers rely on the Fiat Ducato as their base vehicle. In 2020, the public prosecutor talked about 200,000 recreational vehicles. The Fiat Diesel Multijet, with its various non-approved shutdown devices, is only required to comply with the legally prescribed emission standards on the test bench and not in normal road traffic. Shutdown devices include the so-called timer, which turns off the exhaust gas cleaning after 21 minutes, and the temperature window, which controls the exhaust gas control according to the outside temperature. But it is not only the Ducato that is involved in the diesel emission scandal, other Fiat vehicles such as the Renegade model from the Jeep subsidiary are also involved. The Cottbus regional court has sentenced Fiat to pay compensation in the Jeep case. The law firm of Dr. Stoll & Sauer summarizes the current judgment and legal situation:

• The plaintiff purchased a Jeep Renegade on September 26, 2015 as a new vehicle for a purchase price of 27,670 euros. The car has a Multijet engine, Euronorm: 6, 1956 cc and 103 kW of installed power. The type approval of the vehicle was carried out by the relevant Italian authorities. According to the car registration document, the car manufacturer is FCA US LLC. The defendant is the engine manufacturer.
• According to the plaintiff, the purification of the exhaust gas in the Jeep Renegade should be controlled – ie manipulated – according to the outside temperature using the so-called temperature window. Between 20 ° C and 30 ° C the exhaust gas cycle (EGR) does not decrease outside this window, the EGR is reduced. After its own investigation, the Italian licensing authority MIT denied any illegal behavior on the part of the defendant and did not issue its official order.
• In addition, the plaintiff assumed that the EGR would shut off when the accelerator pedal was fully depressed. The EGR has also been reduced from the 34kW output. The car also reduces the EGR when the so-called auxiliary users, i.e. the climate, seat heating, radio or assistance systems, are activated. The emission values ​​of the vehicle in question are still excellent if the steering wheel is not moved.
• The plaintiff demands that the purchase contract be changed and the purchase price refunded, less compensation for use. Alternatively, the plaintiff requested compensation for so-called differential damages of 5 to 15 percent. The Federal Court introduced this new compensation for diesel case law for the first time on June 26, 2023.
• The Regional Court of Cottbus partly followed the plaintiff’s request and convicted Fiat of intentional and wanton damage within the meaning of §826 BGB.
• Fiat’s lawyers have not contested the plaintiff’s claims. Inadequately used engine functions represent unacceptable shutdown devices within the meaning of Article 3 Number 10 of Regulation (EC) 715/2007 “Shutdown device” is a structural part that controls temperature, vehicle speed, engine speed ( rpm), determines the transmission gear used, intake manifold, or other parameters to enable, modify, delay, or disable the operation of any part of the emission control system, thereby improving the efficiency of the emission control system under the desired conditions . during normal operation of the vehicle, it is reduced.
• A claim for damages is not time-barred.
• The court assumed that the Jeep had 300,000 kilometers on it.
• The court did not decide on differential damages. Ultimately, the case led to a conviction in accordance with §826 BGB.
• The sentence has not yet been legally binding.

Conclusion from Dr. Stoll and Sauer: The judgment of the Cottbus Regional Court shows the basic line of BGH and ECJ law. The Federal Court has made it clear in previous decisions that putting vehicles with defective failure devices on the market constitutes non-pecuniary damage if it involves a test bench finding. The ECJ has also emphasized the inadmissibility of such fraud in its case law. These judgments form an important basis for the decision of the Regional Court of Cottbus and strengthen the position of consumers in the emissions scandal. What is surprising about this judgment is the fact that the German court condemns the Italian manufacturer. In addition, it did not matter to the German court that the Italian licensing authority found nothing illegal.

The BGH decision on the Fiat car production scandal sets the standard

Things are now getting more difficult for Fiat in the diesel emissions scandal, and not only because of the decision in the Cottbus regional court. The Federal Court of Justice (BGH) issued an opinion on the emissions scandal from mobile homes for the first time on November 27, 2023. The law firm of Dr. Stoll & Sauer summarize the judgment and further developments:

• The BGH also considers possible damage to mobile homes due to negligent acts in accordance with Article 823 Paragraph 2 of the German Civil Code (BGB). The BGH had discussed whether FCA, as an Italian manufacturer of the primary motor vehicle, was liable according to Article 823 Paragraph 2 of the German Civil Code (BGB).
• The main German law also applies to Fiat because the car house was put on the market in Germany.
• The opinion from the Italian type approval authority is not relevant because the BGH is only concerned with the question of whether or not a failure device is installed.
• The fact that there have been no such restrictions to recall so far is irrelevant.
• The BGH clarifies that the compensation rules for cars in the diesel emissions scandal also apply to mobile homes.

• However, the BGH did not comment on the issue of intent and immorality (§826 BGB) because the facts were not presented. Whether Fiat acted intentionally and immorally must be defined in other cases. Dr. Stoll & Sauer has several cases pending in the Federal Court of Justice.
• If the BGH proves intent and immorality on the part of Fiat, then consumers can more easily enforce their claims to have the purchase contract changed (substantial damages). A price reduction of up to 25 percent may also be possible (minor compensation).

Conclusion from Dr. Stoll and Sauer: The chance for consumers to receive compensation in a diesel emissions scandal has generally increased significantly due to recent legal developments. This also applies to the emissions scandal at Fiat Chrysler (now: Stellantis). So the law firm advises Dr. Stoll & Sauer advises consumers affected by an emissions scandal to seek legal advice. Those who are injured must go through The results and effects of the production scandal and great loss of money fight: scare you Driving ban, Turn off and Loss in value, unless they claim the claim in court in a timely manner. Customers should have one Individual aspect raise Based on current case law, the chances are pretty good. In free Check-Online the right way to diesel scam can be found. We will investigate your specific case and provide you with an initial assessment before agreeing on a collective action against the car manufacturer.

Dr. Stoll & Sauer is one of the leading law firms

In the law firm of Dr. Stoll & Sauer Rechtsanwaltsgesellschaft mbH is one of the leading law firms in consumer and investor protection law. With the expertise of more than 30 lawyers and specialized lawyers, the law firm is available to clients in all important legal areas in Lahr, Stuttgart and Ettenheim. The law firm specializes, among other things, in banking and capital markets law as well as emissions scandal. There are also topics on labor, IT, insurance and administrative law. The owners are currently pursuing an exemplary declaration action against Mercedes-Benz Group AG in a special company. Dr. was already against VW. Stoll & Sauer are successful. In the JUVE 2019/2020 brochure, the law firm is mentioned as having market impact for its expertise in managing multiple cases.