Dr. Stoll & Sauer Rechtsanwaltsgesellschaft mbH
In the diesel emissions scandal involving Fiat Chrysler Automobiles (FCA/now: Stellantis), the higher regional courts of Cologne, Celle and Munich have now sided with consumers and declared guilty. In Munich, the appeals court made it clear again in an order of August 30, 2022 that FCA had installed an impermissible failure device in the motorhome. With the help of a timer, the engine controller stops cleaning the exhaust gas after less than 22 minutes. The plaintiff will be entitled to compensation due to this unacceptable shutdown device (reference 36 U 1455/22). Dr. Stoll & Sauer advises consumers to get a free consultation Check-Online. The chance of receiving compensation has greatly increased due to the information provided by the regional high courts. Dr. Stoll & Sauer advises consumers to get a free consultation Check-Online. The law firm is one of the leaders in the emissions scandal.
Regional high courts on the side of consumers in the Fiat emissions scandal
After several regional courts awarded damages to mobile home owners, the region’s highest courts are increasingly taking a friendly stance in the Fiat Chrysler emissions scandal. The Higher Regional Court of Cologne had already announced the judgment against the FCA at the beginning of the year. User-friendly judgments are also pending in six other cases at the Munich Regional Supreme Court. On August 3, 2022, the 36th Senate announced for the first time in a case with the law firm Dr. Stoll & Sauer declared guilty. And now OLG Celle has also been added. In the letter from the law firm Dr. Stoll & Sauer, it is clear to the 7th Senate that “the circumstances leading to immorality are obvious”.
In another case of the law firm Dr. Stoll & Sauer, the Higher Regional Court of Munich has once again made a clear consumer-friendly decision (reference: 36 U 1455/22). How does the 36th Senate assess the Fiat Chrysler emissions scandal? Here is a summary:
- The affected motorhomes 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 pay the purchase price plus utility compensation. Small compensation is also possible where users can park the car. For new vehicles still under warranty, the claim is for new delivery of the motorhome without defects.
- The following non-acceptable shutdown devices are installed: A timer that stops the engine’s exhaust gas cleaning after approximately 22 minutes. The emissions control system can also be adjusted using the steering wheel angle and accelerator pedal position. Manipulation of the on-board diagnostic system. The thermal window controls the exhaust gas cleaning according to the outside temperature.
- The 36th Senate in the High Court of the Region of Munich was found in the case of the law firm Dr. Stoll & Sauer stated the following in an order dated August 8, 2022:
- The timer is considered to be an unauthorized shutdown device within the meaning of Article 5 Paragraph 1 of Regulation (EC) No. 715/2007. From the court’s point of view, packaging can be considered unethical. The FCA has not firmly opposed the timer.
- The Senate also considers the shutdown device not necessary to protect the engine. According to the Higher Regional Court of Munich, the European Court of Justice (ECJ) generally interprets exceptions to 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 be too much risk to the vehicle and passengers for the device to fail.
- Motor homes affected by the emissions scandal are at “hidden risk of recall or cancellation of type approval”. And in the opinion of the law firm Dr. Stoll & Sauer is like shutting down mobile homes.
- The Munich Regional Supreme Court wants to combine several similar cases in the next meeting. This has now happened with file number 36 U 1516/22.
- From the point of view of our law firm, the FCA is facing conviction in the Higher Regional Court of Munich. The burden of proof is high. More information about this here:
Consumer case law in FCA scams prevails
With expected user-friendly decisions, lower courts will also receive guidance for future decisions. The announcements from Munich, Cologne and Celle represent a consumer-friendly breakthrough in the RV industry’s emissions scandal. In addition, new case law is emerging at the European Court of Justice (ECJ). In the diesel case, the Advocate General suggested in his opinion on June 2, 2022 that consumers should generally be eligible for reimbursement once the exempt 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 take into account the requirements of the ECJ. So many regional courts and higher courts are waiting to issue their diesel judgments until the ECJ makes a decision. The ECJ is generally considered to be user friendly. A decision is expected by the end of the year.
Dr. Stoll & Sauer is one of the world’s leading consumer 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 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 markets law as well as emissions scandal. There are also topics on labor, IT, insurance, travel and administrative law. Those shareholders Dr. Ralf Stoll and Ralph Sauer led the class action against Volkswagen AG and negotiated a settlement of 830 million for 260,000 consumers. The owners are currently pursuing an exemplary declaration action against Mercedes-Benz Group AG in a special company. In the JUVE 2019/2020 brochure, the law firm is mentioned as having market impact for its expertise in managing multiple cases.