The Fiat diesel scandal is picking up speed again. After it was revealed by the media that inadmissible disconnection devices are used in many motorhomes manufactured on the basis of the Fiat Ducato, the Federal Motor Transport Authority (KBA) now wants to become active again, according to a current letter. "Owners of mobile homes that are equipped with engines from the FCA Group - today Stellantis - should not wait for developments naively, but instead demand compensation from all those involved," recommend Dr. Marcus Hoffmann and Mirko Göpfert, partners of the law firm Dr. Hoffmann & Partner lawyers from Nuremberg.
After the KBA long ago reported the inadmissible defeat devices on the Fiat Ducato to the Italian type approval authority and the European Commission, nothing has happened there so far. This is all the more surprising as various measurements repeatedly came to the result that the engines installed in the motorhomes of the Fiat-Chrysler Automobiles (FCA) group exceed the legally permitted limit values by massive amounts and thus pollute the air.
That should soon be over. According to its letter dated 07.07.2021/XNUMX/XNUMX, the German federal authority no longer wants to put up with the inactivity of other official bodies in the Fiat diesel scandal, but instead wants to take action itself soon. Although "some mobile homes have high nitrogen oxide emissions due to impermissibility", no measures have yet been initiated. Therefore, one is currently examining further steps so that the "impermissibilities in the affected vehicles" are removed, says the KBA's letter.
According to the Nuremberg lawyers, it is only a matter of time before the KBA will order a binding recall for thousands of mobile homes in Germany. "Owners of mobile homes, who often have particular passion, should not get involved in such an uncertain future development, but should take measures early on to protect their rights and any existing claims," advises lawyer Göpfert.
Both the FCA group, ie FCA Italy SpA, which belongs to the current Stellantis NV group, and the engine manufacturer FPT Industrial SpA come into consideration as opponents of various claims. Since these are mainly mobile homes that were produced and sold between 2014 and 2019, claims can currently also arise from the sales contracts concluded. The BGH basically assesses the presence of inadmissible defeat devices as a defect and grants those affected claims under the law of liability for material defects.
This may affect motorhomes based on the FIAT Ducato that have diesel engines with 1,3 L, 1,6 L, 2,0 L and 2,3 L from Fiat. First of all, owners of motorhomes can easily check who is the manufacturer of the motorhome or the engine based on the registration documents. If the reference to a Fiat Ducato appears here, often also in the so-called EU Certificate of Conformity (COC), the companies FCA Automobile SpA, FCA Italy SpA, and / or FPT Industrial SpA should be vigilant.
It is advisable to act quickly. After the first media reports about the manipulation at Fiat came in 2018, the courts could “get the idea” to set this as the beginning of the statute of limitations. According to this, the claims would expire at the end of 2021. Owners of affected mobile homes should therefore no longer put the matter on the back burner, but should seek expert legal advice soon.
Dr. Hoffmann & Partner Attorneys at Law
Attorney Dr. Marcus Hoffmann
Tel: +49 (0) 911 567 94 00
Fax: +49 (0) 911 657 94 01
Original content by: Dr. Hoffmann & Partner Rechtsanwälte, transmitted by news aktuell