DUH nitrogen oxide measurements on various Fiat Ducato models in...READ ON >>>
In 2016, the German Federal Motor Transport Authority (KBA) was alerted for the first time by the German Environmental Aid (DUH) to conspicuous exhaust emission values of Fiat vehicles. After conducting its own tests, the KBA came to the conclusion that Fiat was using an inadmissible defeat device in engines, which ensures that the exhaust gas recirculation system no longer works as it should after a certain time - namely exactly 22 minutes. The KBA then drew the attention of the Italian authorities to this problem.
In May 2017, the EU Commission launched infringement proceedings against the Italian government for non-compliance with EU type-approval regulations.
At the same time, three Fiat managers were charged with fraud in the USA after allegedly developing illegal emissions software.
In 2018, the EU Commission then filed a lawsuit against Italy, among others, for disregarding EU type-approval regulations.
The public prosecutor's office in Frankfurt am Main initiated investigations against Fiat in 2020. In this context, offices in Germany, Italy and Switzerland were searched. The results of the investigation are not yet known.
In April 2021, the programme ARD Plusminus took a closer look at the diesel scandal in motor homes with Fiat engines. In May 2021, the KBA announced to DUH that further steps would be taken to remove the inadmissible emissions from the affected vehicles.
During our no-obligation initial assessment, we will answer all your questions and check whether you are entitled to compensation for your Fiat motorhome.
Since you were sold a motorhome with an illegal cut-off direction and thus own a vehicle that is not registerable, there is a material defect.
The warranty period expires two years after the handover of a new car and one year after the handover of used cars by the dealer. Until then, it is possible to assert the following claims against the dealer:
In the context of damages for immoral damage, rescission or compensation can be claimed. The claim becomes time-barred 10 years after the conclusion of the purchase contract or 3 years at the end of the year after one has become aware of the fraud.
These are diesel engines with the Euro 5 and Euro 6 emission standard, which are included in vehicles built between 2014 & 2019.
The Euro 6d (in any form) and Euro 6c-EVAP emission standards are NOT affected.
You do not have to expect a decommissioning at the moment, as a withdrawal of the operating licence is only possible if a vehicle owner does not have changes made that would be made in a mandatory recall. Since there have been no mandatory recalls so far, there can also be no decommissioning.
However, it is possible that there will be such recalls in the near future.
First of all, we assess for you in a non-binding and free personal consultation whether your diesel motorhome is affected and which options come into consideration for you. If you mandate us, we will take over all further steps for you.
This starts with the legal expenses insurance. Here we make a coverage request for you and clarify whether the legal expenses insurance will cover the costs of proceedings. The enquiry by our law firm with your legal protection insurance is free of charge for you - even if the insurance does not cover the costs. In this rare case, you can decide how to proceed. There is no obligation whatsoever.
The next step would normally be to assert your claims out of court. Unfortunately, experience has shown that out-of-court letters in this case are not successful and are not answered.
For this reason, we file a lawsuit on your behalf to assert your claims. We can make the appointments on your behalf. We report to you before and after each step in court.
The duration of proceedings is highly dependent on the respective courts and cannot be estimated as a general rule. Based on past experience, it can be expected to take at least 9 to 18 months.
At every step of the process, you remain "up to date" and can decide for yourself how to proceed.
Theoretically, yes. However, from a value in dispute of more than EUR 5,000.00, representation by a lawyer is mandatory in legal proceedings before German civil courts.
Normally, it can take up to 1 to 1.5 years until the money is in your account.
Fiat must provide an update for an affected motorhome that has been recalled. This may be a software update and/or a hardware update.
Mostly it is one or more software updates, as these are cheaper for the manufacturer.
Voluntary updates offered by the manufacturer have not been ordered by the Federal Motor Transport Authority and should therefore not be carried out for the time being.
We recommend that you wait for official updates.