Fiat faces defeat in the Federal Court of Justice in the domestic car production scandal

The Federal Court of Justice (BGH) has remained true to the new line it set in the summer of 2023 in the emissions scandal. In its decision of November 27, 2023, the Diesel Senate found that Fiat Chrysler (now: Stellantis) acted negligently within the meaning of §823 BGB when installing illegal devices. This means that the owner of the Sunlight A68 is entitled to compensation. The base car has a Fiat Ducato 2.3l Multijet II (96 kW) with a Euro 6 emission standard (Az.: THROUGH ZR 1425/22) From the point of view of the law firm Dr. For Stoll & Sauer, the decision of the BGH is another important step in the fight against the emissions scandal at Fiat. The BGH therefore ensured legal certainty for mobile home owners. As with VW, Audi and Mercedes, proof of negligent acts is sufficient for damages claims in Fiat. Dr. Therefore, Stoll & Sauer advises diesel drivers and homeowners to seek free legal advice Check-Online. More information about the development at ECJ and BGH available on our special websites.

The diesel emissions scandal at Fiat has been in the spotlight since 2020

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. The scandal has now gone through the court. The law firm of Dr. Stoll & Sauer, which has now filed more than 3,500 lawsuits against Fiat, provides an overview of current decisions and cases in the Federal Court of Justice.

• The BGH refers the case back to the OLG Bamberg.
• The BGH considers possible damages due to acts of negligence in accordance with Section 823 Paragraph 2 of the German Civil Code (BGB). The OLG must now examine this in accordance with the new case law of the BGH from summer 2023. The BGH had discussed whether the Italian manufacturer of the primary mobile home vehicle is liable according to Section 823 Paragraph 2 BGB in conjunction with Section 6 Paragraph 1 and Section 27 Paragraph 1 of EG-FGV.
• 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.
• 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.
• The complainant purchased a Fiat Ducato Sunlight A68 from a third party in April 2018. The 2.3-l MultiJet II (96 kW) series diesel engine installed in the motorhome is from another manufacturer. The EC type approval of the base vehicle was granted to the defendant in Italy in accordance with the Euro 6 emission standard.
• The plaintiff demands that the purchase contract be changed and the purchase price refunded, less compensation for use. Fiat is said to have tampered with the diesel engine with illegal shutdown devices. The plaintiff therefore suffered damages.
• The Bayreuth regional court dismissed the case. The Bamberg Regional Supreme Court rejected the plaintiff’s appeal.

Did Fiat act deliberately and immorally in the emissions scandal?

How does the BGH decision affect the rights of mobile home owners? The law firm of Dr. Stoll & Sauer summarize the results of the current decision:

• The decision affects homeowners who have purchased a car with an illegal device. It is expected that there will now be a large number of successful damage claims against Fiat.
• On June 26, 2023, the BGH opened a new chapter in the diesel emissions scandal in the automotive industry. The BGH significantly reduced the barriers to success of diesel lawsuits in three pilot cases against Audi, VW and Mercedes. Since then, proof of negligent acts has been sufficient to enforce damages claims. The BGH has now applied this case law to Fiat. Until June 2023, the BGH insisted on proving the intention and immorality on the part of the car manufacturers in the diesel emissions scandal. Now the formula in the diesel emissions scandal is: negligent use of an unauthorized failure device = compensation.

• The scandal does not end with the verdict. The law firm of Dr. Stoll & Sauer has several lawsuits pending in Federal Court in the Fiat emissions scandal. Here the question must be answered by the highest court whether Fiat acted intentionally and immorally within the meaning of §826 BGB by installing failure devices in its cars. If the BGH confirms this, then consumers can more easily enforce their claims for the purchase contract to be changed (larger compensation). A price reduction of up to 25 percent may also be possible (minor compensation). In the case of negligent actions, the BGH currently provides so-called damages for the difference between 15 and 15 percent. This case law is currently increasingly used in emissions scandals – regardless of the car manufacturer.
• According to current case law, the chances of receiving compensation are very good. In free Check-Online the right way to diesel scam can be found.

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.