Electric Vehicles: Range, Autonomy and Defects

In proceedings successfully handled by NEON, the Palatinate Higher Regional Court of Zweibrücken dismissed an appeal brought by a buyer seeking to unwind the online purchase of an electric vehicle. The buyer relied on reduced driving range, disabled driver assistance features and advertising claims concerning autonomous driving.

The decision not only upholds the judgment of the Regional Court of Frankenthal dismissing the claim but also provides important guidance on the legal assessment of defects in modern electric vehicles.

Driving Range Discrepancies and Defects at the Time of Delivery

The vehicle’s certificate of conformity specified a driving range of 533 km under the WLTP (Worldwide Harmonized Light Vehicles Test Procedure), a standardized testing procedure used to determine driving range under defined conditions. However, an expert assessment conducted approximately two years after delivery recorded a range of just 465.2 km – a discrepancy of 12.7%.

The Court held that this was insufficient to establish a defect:

• The decisive question is whether the reduced driving range already existed at the time of delivery.
• Battery capacity depends significantly on vehicle usage, charging habits and driving behavior.
• A reliable retrospective assessment of the battery’s condition at the time of the transfer of risk was therefore not possible.

Autonomous Driving: Advertising Claim or Contractually Agreed Specification?

The seller had advertised that its vehicles were already equipped with the necessary technology to enable fully autonomous driving in most scenarios in the future.

The Court held that the phrases “in the future” and “in most scenarios” were promotional in nature and did not constitute a binding contractual agreement on the vehicle’s specifications.

Disabled Driver Assistance Features: The Contractual Agreement Is Key

The driver assistance feature disabled at the time of delivery did not constitute a defect either. The buyer had been informed of the limitation before delivery but nevertheless confirmed the allocation of the vehicle. According to the Court, the limitation had therefore become part of the contractual agreement.

Legal Certainty for the Automotive Sector

The decision provides important guidance on the legal assessment of modern electric vehicles:

• Technical discrepancies identified after delivery do not automatically establish that a defect existed at the time of the transfer of risk.
• Forward-looking advertising statements do not necessarily constitute binding contractual specifications.
• Transparently communicated and contractually agreed functional limitations must be taken into account when assessing whether a vehicle is defective.

For manufacturers and dealers, the decision highlights the importance of precise contract drafting, transparent product communication and careful documentation.