2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
A car is considered defective if it consumes more than ten percent of the specified amount. The grounds for the judgment of the Munich Regional Court should reach European proportions.
Increased fuel consumption and strong vibrations can entitle you to return a purchased new car. The Munich Regional Court has now decided. The buyer of a Mercedes car had sued. When the vehicle was idling, the vibrations were so strong that they were extremely annoying for the driver and front passenger. In addition, the average fuel consumption was 12.9 liters per 100 kilometers instead of the 8.6 liters specified by the manufacturer.
Lack of customer awareness
After hiring an expert, the court agreed with the buyer. The expert stated that the vibrations are as strong as in a car from 20 years ago. In addition, he carried out consumption measurements on the road and came to an average consumption of 11.2 liters, i.e. 30 to 35 percent more than Mercedes stated. According to the judges, that was clearly too much. A new car is already considered defective if the additional consumption is ten percent.
The defendant scored an own goal when they complained about the consumption tests on the street and objected to the roller dynamometer as a suitable means. The judges countered a lack of customer awareness. It is absurd to argue with theoretical measured values that cannot be achieved in the only decisive everyday operation. Mercedes had to take the car back (LG Munich I, Az.: 4 O 6504/07 // DAR 2009,531 //). (mid)
