In a series of proceedings conducted by the law firm of Wawra and Gaibler, which aims to compensate for the installation of illegal devices against the giant phone company Fiat, the Higher Regional Court of Munich has announced its legal opinion and announced that it will order. Fiat to pay damages.
The Higher Regional Court of Munich basically follows the arguments of the plaintiff’s representatives and consumer lawyers and considers it correct that Fiat has installed a failure device in its cars which is illegal under European law, which justifies the consumer’s claim for intentional damage in accordance with Article 826. BGB.
In particular, work has been installed in mobile homes that ensure that the exhaust gas cleaning on the test bench works well; after the end of the test cycle provided by the law, the limit values are multiplied by a factor of up to 16. (!). The Supreme Court of the Region considers the so-called timer job as a job that cannot be reconciled with the relevant legal situation. In particular, the design of the work in which after exactly 22 minutes (the legal test cycle lasts 20 minutes) the exhaust gas adjustment is closed justifies the immorality in the opinion of the court.
The court says:
“This performance does not ensure that the defendant complies with the obligation to set the emission limit under normal conditions of use, instead, the installation of this device ensures compliance during the approval test phase, but not under normal driving conditions, which also includes a period of time. more than 22 minutes after engine start.”
The result of this device failure is that the vehicles are under the risk of being recalled or revoked of the authorization of the type, so that the drivers of the vehicles concerned are threatened with being banned from driving their vehicles.
After the current judgment of Fiat before the regional courts of Cologne, Dessau-Roßlau, Stuttgart and Dortmund, for example, the highest regional court, i.e. the Higher Regional Court of Munich, now also finds the manufacturers responsible and will probably judge FIAT to pay. destruction. Fiat has been suspected of using illegal failure devices since the beginning of the diesel scandal. In the USA in particular, Fiat and Stellantis’ parent company have already been ordered to pay a total of 1.2 billion dollars in damages.