Fiat production scandal: LG Bielefeld condemns Fiat-Chrysler / compensation of 10 percent …

14.03.2024 – 15:08

Dr. Stoll & Sauer Rechtsanwaltsgesellschaft mbH

According to the new case law at the Federal Court of Justice (BGH), the chances of successful compensation in the diesel emissions scandal are also increasing for motor homes with a Fiat base car. The regional court of Bielefeld gave a decision in the case presented by the law firm Dr. Stoll & Sauer Fiat-Chrysler-Automobiles (FCA / now: Stellantis) was ordered to pay compensation of 10 percent – ie 6,741.40 euros. The Carado motorhome in question has a Fiat Ducato Multijet 2.3 which complies with the Euro 6 emission standard (ref: 7 O 191/21). From the point of view of the law firm Dr. Stoll & Sauer examines the relevance of the current case law of the Federal Court and the European Court of Justice (ECJ) on unacceptable failure devices in vehicles. Therefore, the consumer law firm Dr. Stoll & Sauer offers diesel drivers, especially homeowners, free legal advice Check-Online. More information about the development at ECJ and BGH available on our website.

Illegal shut-off device in Carado Capron 1447 motorhome

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 are particularly affected by the scandal, as many car 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. The 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. The Bielefeld regional court has ordered Fiat Chrysler to pay compensation. The law firm of Dr. Stoll & Sauer, which handled the case, summarizes the current ruling and legal situation:

• The claimant purchased a Capron 1447 motorhome from Carado on June 3, 2020 for a purchase price of 67,414 euros. The car has a Euronorm 6 Multijet engine, 2.3 cc, 130 hp.
• According to the plaintiff, in the Capron 1447 motorhome from Carado, the purification of the exhaust gas should be controlled – ie manipulated – according to the outside temperature using the so-called temperature window. Exhaust gas recirculation (EGR) is not reduced between certain temperatures outside this window, EGR is reduced.
• There is also a type of timer in the engine that ensures that the emission control system is turned off after about 22 minutes. So the timer corresponds to a type of test bench diagnosis.
• The plaintiff requested, among other things, the recovery of so-called differential damages of 5 to 15 percent. The Federal Court introduced this new compensation for damages in the diesel case law for the first time on June 26, 2023.
• The Regional Court of Bielefeld partially followed the plaintiff’s request and convicted Fiat-Chrysler of negligent acts in accordance with Section 823 of the German Civil Code (BGB). The new BGH case law was used in the diesel emissions scandal. A thermal window is considered an unacceptable extinguishing device. From the court’s point of view, the differential damages that occur in the current cases are equal to 10 percent of the purchase price of the mobile home – ie 6,741.40 euros.
• The Chamber did not find any willful or immoral actions on the part of the FCA. The court also refused to allow the seller to re-deliver the motor home.
• The court refused compensation for the kilometers driven so far.
• The sentence has not yet been legally binding.

Conclusion from Dr. Stoll and Sauer: The decision of the Bielefeld Regional Court reflects the basic line of BGH and ECJ law. With its new case law from the summer of 2023, the BGH made it clear that placing vehicles with unauthorized failure devices on the market represents at least negligent measures. 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 Halle and strengthen the position of consumers in the production scandal. What is surprising about this judgment is the fact that the German court condemns the Italian manufacturer.

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

Things are now getting tougher for Fiat in the diesel emissions scandal, and not just because of the ruling in the Bielefeld 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, as the BGH is only concerned with the question of whether or not a failure device has been 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 is also possible (minimum damages).

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 29 lawyers and experienced 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.

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