By now it is widely understood that the real range of an electric car depends on many factors: driving style, battery degradation, ambient temperature… This is why the figures brands publish are based on the WLTP cycle, but there is always a degradation threshold fixed, so real-world range typically ends up below the laboratory figure.
Now a German regional court has just ruled in favor of the owner of an electric car for not being able to enjoy the promised range: the brand will have to refund the money.
The problem: there was a deviation of more than 10% in real-world range
The ruling from the Regional Court of Wuppertal states that there was a significant defect in the electric vehicle: this occurs when the range determined by the manufacturer differs by 10% or more to the detriment of the buyer.
In this case the difference was 18%: 281 km instead of 332-341 km. The plaintiff claimed that he drove 90% of the time in urban areas, in Eco mode and at an average speed of between 30 and 36 km/h. After a long legal battle—the manufacturer argued that the battery was already degraded—a expert appointed by the court tested the vehicle’s range on a test bench under standardized WLTP conditions, giving the owner the benefit of the doubt.
The Regional Court of Wuppertal, file 10 O 282/23, does not explicitly mention the model in the public text, but German and French media identify it as a Peugeot e-2008 GT.
The expert thus determined that the vehicle’s battery had lost capacity above the average in just three years. To reach its decision, the court cited the established jurisprudence of the Federal Court of Justice on excessive fuel consumption in internal combustion engines.
According to this jurisprudence, a deviation of more than 10% from the standard consumption is considered a significant defect. The judges in Wuppertal applied this principle to the range of electric cars, and since the observed 18% deviation clearly exceeded this threshold, the court confirmed the existence of a material defect.
Thus the dealer was ordered to refund approximately €33,700 to the buyer after the contract was rescinded, deducting compensation for the use of the vehicle (the judge calculated a usage rate of -€5,250).
What does this mean for owners? Does it set a precedent?
While it represents a very important precedent for electric car owners, the decision is a regional court ruling and not a judgment of the Federal Supreme Court, so it is not yet binding nationwide.
Nevertheless the ruling offers greater legal certainty: the official WLTP figure constitutes a guarantee from the brand, and neither driving style, temperature nor charging level are valid criteria: only an objective comparison of range under standardized laboratory conditions.
Be aware that this owner’s legal journey has been long and costly due to the expert analysis required, which is why it is recommended that as soon as the buyer suspects that the advertised range does not match reality, they should visit the dealership as early as possible. If the dealership does not respond or refuses to carry out the necessary repairs, ask an independent expert to evaluate the battery’s condition to be able to legally exercise your right to rescind the contract.
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