An electric car is sold on its range. Few figures matter more to buyers than the mileage stated in the brochure. It determines whether a vehicle appears practical for everyday use, whether holiday journeys seem manageable and whether concerns about reaching the next charging station begin to ease.
The Regional Court in the German city of Wuppertal has now ruled that a significantly reduced range can constitute a serious defect. The buyer of an electric car was therefore entitled to withdraw from the purchase contract. The man had bought the vehicle for €39,000 ($44,700). Its stated range was 332–341 km under the Worldwide Harmonized Light Vehicles Test Procedure (WLTP). The standardized testing procedure measures vehicle consumption, emissions and range under defined laboratory conditions. WLTP is the official benchmark used by manufacturers in their advertising.
That benchmark proved decisive in the proceedings. The buyer complained that the car did not achieve the advertised range. The dealer inspected the vehicle and reported that no fault could be found. The buyer then withdrew from the purchase contract.
The court found that annual battery degradation of 2.5% was acceptable given the way the vehicle had been used. After three years, a loss of 7.5% of its range would still have been within acceptable limits. The actual shortfall was 17.1%. The court was not persuaded by the manufacturer’s assumption of a higher annual rate of degradation.
