This decision affects many motorhome buyers: According to the Federal Court of Justice, drivers of a Fiat-based motorhome can also be entitled to compensation because of the diesel scandal.
The Federal Court of Justice (BGH) has decided that buyers of motorhomes whose basic vehicles come from Fiat can also have a claim for damages. The highest civil court in Karlsruhe is thus continuing its previous case law in the diesel proceedings. Vehicle manufacturers are therefore liable even if they have installed impermissible defeat devices negligently.
Foreign manufacturers are also liable
According to the Karlsruhe judges, these principles also apply to manufacturers from abroad. In this specific case, the German plaintiff wanted compensation from the parent company of the Italian manufacturer Fiat. The plaintiff had bought a motorhome in Germany with the base vehicle Fiat Ducato, which was equipped with an impermissible switch-off device. At least that’s what investigations by the German authorities revealed.
At the time, Italy reacted indignantly and did not want Germany to interfere. The Italian authorities assumed that the type approval for the Fiat vehicles had been correctly granted. Even after a corresponding notice from the Federal Motor Transport Authority, they did not prohibit the operation of the vehicles.
The court in Karlsruhe ruled on Monday that it does not matter how the Italian authorities assess the situation. German courts are not bound by it. The only decisive factor is whether an impermissible shutdown device was used.
Many mobile homes affected
The court also emphasized that it makes no difference whether the vehicle is a car or a motorhome. Even if you don’t rely on the motorhome as much as the car, both are there to be used in traffic. However, if there is a risk at any time that the authorities will change their mind and order a shutdown, this would represent a loss of value for the buyer. This is independent of the purpose for which the vehicle is used. Claims for damages of between five to ten percent of the purchase price are then conceivable.
In this specific case, the lower court must now take a closer look at the case and observe the BGH’s requirements. Based on this, they will decide whether and how much damages the plaintiff will receive. In addition, the ruling has an impact on many motorhome buyers: in the vast majority of cases, motorhome manufacturers have installed the Fiat Ducato as the base vehicle.
Max Bauer, SWR, tagesschau, November 27th, 2023 5:00 p.m