Emotions in the Fiat emissions scandal: The dealer should present the new home of the Knaus Boxstar / …

12.03.2024 – 17:12

Dr. Stoll & Sauer Rechtsanwaltsgesellschaft mbH

Lahr (ots)

The Supreme Court of the Bamberg Region has made an interesting decision in the interests of consumers in the diesel emissions scandal involving Fiat Chrysler Automobiles (FCA / now: Stellantis). In a letter from the law firm of Dr. According to Stoll & Sauer’s procedures, the dealer must hand over to the complaining consumer a brand new, defect-free housing in exchange for the defective Knaus Boxstar 600 DQ. The 5th Senate did not allow any amendment. This means that the judgment of March 5, 2024 is legally binding. The decision emphasizes that the current diesel case law of the Federal Court (BGH) also applies to manufacturers such as Fiat-Chrysler (ref: 5U 136/22). Therefore, the consumer law firm Dr. Stoll & Sauer offers diesel drivers, especially homeowners, free legal advice Check-Online. The likelihood of getting compensation is almost never. More information about the development at ECJ and BGH available on our special websites.

An illegal ignition switch in the Knaus Boxstar motorhome

The Frankfurt public prosecutor’s office has been investigating the Fiat emissions scandal since summer 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. 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 Bamberg Regional Supreme Court found that there was an unauthorized fire extinguisher in the house’s primary vehicle. In its arguments for the decision, the Senate clearly refers to the new case law of the Federal Court and the European Court of Justice (ECJ). The law firm of Dr. Stoll & Sauer, who prosecuted the case, summarize the current ruling and legal situation:

• The Claimant purchased a new Boxstar 600 DQ from Knaus on January 9, 2020 for an actual purchase price of 53,859.20 euros. The car has a Multijet F1AGL11C engine, Euronorm: 6, 2.3 cc and 150 hp.
• According to the plaintiff, the exhaust gas cleaning in the Boxstar 600 DQ motorhome should be controlled – ie adjusted – according to the outside temperature using the so-called temperature window. Between 15 ° C and 39 ° C the exhaust gas circulation (EGR) is not reduced outside this window, the EGR is reduced. Using a timer, the exhaust gas cleaning system is also turned off after the engine has been running for about 21 minutes.
• Among other things, the plaintiff required the seller to deliver the home in a defect-free, like-new condition. The car was still within the two-year warranty period when the case was filed.
• The Bamberg Regional Supreme Court partially followed the plaintiff’s request and ordered the car dealer to deliver an identical, brand new and defect-free motor home.
• Due to the uncertainty of the legal situation, the Senate did not see any intentional and immoral actions by Fiat within the meaning of §826 BGB, but considered the heated window installed on the engine to be an unacceptable shutdown device within the meaning of Regulation ( EC ) 715/2007. Here the Senate clearly followed the case law of the BGH (reference: VIa ZR 335/21 of June 26, 2023) and the ECJ (reference: C-128/20 of July 14, 2022).
• The ruling classifies the thermal window as a material defect. Due to the non-acceptance of the shutdown device, the mobile home faces the risk of being banned from operation. Here too, the OLG relies on the case law of the BGH (case number: VIII ZR 190/1 of December 8, 2021).
• Since the dealer and Fiat did not object to the heated window, but rather argued that it was necessary to protect the engine, the Supreme Regional Court ordered the dealer to provide a new motor home. The issue of engine protection was not a role for the judges, similar to the BGH and ECJ.
• OLG was not impressed by the fact that Knaus, according to its information, no longer had the model of the canoe in question as new from the factory. Knaus currently only produces motorhomes with engines in the Euro 6d and Euro 6dTemp emission classes. The court also did not accept the defendant’s statement that the businessman would receive a used motorhome as payment. According to BGH case law, it waived compensation for use.
• The Bamberg Regional Supreme Court did not allow the sentence to be appealed. Therefore, the judgment is legally binding. The seller now still has the option of filing a non-acceptance complaint before the Federal Court of Justice, which, however, is very rarely successful – especially since the case law on new filings in the diesel emissions scandal has been entrenched for years.

Conclusion from Dr. Stoll and Sauer: The decision of the Bamberg Regional Supreme Court shows the basic line of BGH and ECJ law in the diesel emissions scandal. The BGH extended its original diesel case law last year and also extended it to the emissions scandal in the automobile industry. Putting vehicles with unacceptable failure devices on the market represents, at the very least, reckless actions. The ECJ has also emphasized the inadmissibility of such fraud in its case law. All judgments form an important basis for the ruling of the Bamberg Regional Supreme Court 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. This is also now standard.

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 just because of the decision in the Regional Court of Halle. 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 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 the 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 An 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.

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