Overview
- The Landgericht Wuppertal decision reported Tuesday found that a roughly 18% gap between real-world range and the WLTP figure can amount to a substantial defect that allows the buyer to rescind the purchase.
- In the reported case the buyer returned the car and received the purchase price back minus a usage compensation ordered by the court.
- Court and commentators say WLTP is a lab test and can overstate real driving range because of cold temperatures, high speeds, hills and use of heating or air conditioning.
- Buyers must prove a durable, substantial shortfall and that proof typically requires an independent expert appraisal, so consumer groups advise seeking legal counsel early.
- The ruling applies legal reasoning used for fuel-consumption claims to electric vehicles and could prompt more claims and appeals by manufacturers as higher courts decide whether this becomes binding precedent.