Munich Regional Supreme Court: In the FCA emissions scandal, mobile homes are threatened with closure / Fiat Chrysler …

05.09.2022 – 12:30

Dr. Stoll & Sauer Rechtsanwaltsgesellschaft mbH

The ruling and the consumer-friendly reference to the German courts in the diesel emissions scandal at Fiat Chrysler Automobiles (FCA/now: Stellantis) will not end: the Higher Regional Court of Munich has once again made it clear in the reference order that FCA. he has illegally installed a failsafe on a diesel. With the help of the so-called clock function, the engine control switches off the emission control after less than 22 minutes. Because of this unacceptable failure device, the plaintiff will be entitled to compensation (Az. 36 U 2999/22) . The Federal Motor Transport Authority has long held the opinion that FCA operates the engine improperly and illegally. Mobile home manufacturers rely on the Fiat Ducato for the base vehicle. Dr. Stoll & Sauer advises consumers to seek free advice Check-Online. The possibility of compensation has increased significantly due to the information provided in the Munich Regional Supreme Court. The law firm is one of the leaders in the emissions scandal.

The Higher Regional Court of Munich before handing down the primary judgments in the Fiat emissions scandal

The FCA’s next verdict in the emissions scandal is pending at the Munich Regional Supreme Court. Already on August 3, 2022, the 36th Senate announced by order of the law firm Dr. Stoll & Sauer guilty. In the court’s view, the FCA illegally installed a failure device in the Knaus Boxstar 600 Solution 4 mobile home and therefore the plaintiff is entitled to compensation. In another procedure, the same Senate also made it clear that the engine shuts off the exhaust gas cleaning system with the help of a timer function after about 22 minutes and that the vehicle is threatened with shutdown (Az.: 36 U 2999/ 22). Dr. consumer law firm. Using its own methodology, Stoll & Sauer summarizes how the 36th Senate evaluated the Fiat Chrysler emissions scandal:

• The motorhomes involved have the following equipment: Fiat Ducato, 2.3 liter engine, 96 to 180 hp, Euro 5b or 6b.
• The plaintiffs are demanding that FCA return the vehicle and reimburse the purchase price to reduce damages for use. It is also possible to pay a small amount of damage, which the consumer can keep the car. In the case of new cars that are still under warranty, there is a move to a new car home without defects.
• The following non-permissible failure devices are installed: A timer that ends the engine exhaust gas cleaning after approximately 22 minutes. The emission control can also be manipulated with the help of the steering wheel angle and the position of the gas pedal. Manipulation of the on-board diagnostic system. The thermal window controls the emission control according to the outside temperature.
• The 36th Senate in the Superior Court of the Region of Munich presented in the case of the law firm Dr. Stoll & Sauer stated the following in an order dated August 3, 2022:
  1. The timer function is rated as an unacceptable device within the meaning of Art. 5. Para. 1 VO (EG) No. 715/2007. From the court’s point of view, packaging can be considered immoral. The FCA has not confirmed the timer dispute.
  2. The Senate also does not consider the fail-safe device required to protect the engine. According to the Higher Regional Court of Munich, the European Court of Justice (ECJ) interprets the exceptions of Regulation (EC) No. 715/2008 very briefly. The defendant cannot rely only on the protection of elements (ECJ judgment of July 14, 2022, C-128-20 para. 70). There would have to be a significant risk to the vehicle and occupants for the failure device to be acceptable.
  3. Mobile homes affected by the emissions scandal are at “hidden risk of type approval being recalled or revoked”. And according to the law firm Dr. Stoll & Sauer is synonymous with turning off mobile homes.
• The Higher Regional Court of Munich wants to combine several similar cases in the next session. This has now happened with file number 36 U 2999/22.

Customer-friendly case law in FCA scams prevails

For summary proceedings and judgments, as is currently the case at the Munich Regional Supreme Court, lower courts are also given guidelines for future judgments. The notes from Munich represent a consumer-friendly breakthrough in the mobile phone industry’s emissions scandal.

In addition, new case law is underway at the European Court of Justice (ECJ). In the Diesel case, the Solicitor General suggested in his Opinion on June 2, 2022 that consumers should generally be entitled to damages once an illegal device is installed ( Az. C-134/20) If this attitude prevails, it will be easier to enforce claims against car manufacturers such as FCA in court. The Federal Court of Justice (BGH) must also follow the provisions of the ECJ. Many district courts and higher regional courts are waiting with their diesel judgments until the ECJ decides. The ECJ is generally considered to be user friendly. A decision is expected by the end of the year.

The law firm therefore advises affected consumers to seek legal advice. Victims must go through The results and effects of the production scandal and great loss of money fight: scare you driving ban, turn off and depreciation, unless they claim the claim in court in a timely manner. Customers should have one An individual aspect raise Based on current case law, the chances are pretty good. I am free Check-Online the right way to diesel scam can be found. We 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 consumer law firms

In the office of Dr. Stoll & Sauer Rechtsanwaltsgesellschaft mbH is one of the leading law firms in consumer and investor protection law. With the expertise of 40 lawyers and experienced lawyers, the law firm is available to clients in all important legal areas in Lahr, Stuttgart, Kenzingen and Ettenheim. The law firm specializes, among other things, in banking and capital market law as well as emissions scandal. In addition, there is the topic of work, IT, insurance, travel and administrative law. Those shareholders Dr. Ralf Stoll and Ralph Sauer brought a class action against Volkswagen AG and negotiated a settlement of 830 million for 260,000 consumers. The owners of the specific company are currently running a counterclaim against Mercedes-Benz Group AG. In the JUVE Handbook 2019/2020, the law firm is mentioned as a market leader for its competence in the management of many cases.

Dr. Stoll & Sauer Rechtsanwaltsgesellschaft mbH
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