At the centre of the proceedings (Case No. 2 O 356/25) is a Cupra Born affected by a recall of its potentially faulty battery (Campaign 93S4). According to the recall notice, certain battery modules may suffer reduced range and trigger a warning light. Additionally, there is a risk of fire. In total, the recall announced in March 2026 affects almost 100,000 electric vehicles from the Volkswagen Group, specifically 74,579 units worldwide from the ID.3, ID.4, ID.5, ID.Buzz, and ID.Buzz Cargo model ranges, as well as 19,452 Cupra Born vehicles.

The plaintiff is therefore seeking to rescind the purchase of her Cupra Born and is asserting claims before the Offenburg Regional Court against both the seller and Seat, the parent company of Cupra, as the manufacturer.

Notably, the Regional Court explicitly cites Article 37 of EU Regulation 2023/988 (EU Product Safety Regulation) regarding potential claims against Seat. This provision governs remedial measures in the event of product recalls. Responsible companies must fundamentally offer affected consumers an effective, free-of-charge, and timely solution. As a rule, at least two options must be available: repair, replacement with an equivalent safe product, or a refund of the purchase price.

If a repair or replacement cannot be carried out within a reasonable time and without significant inconvenience to consumers, Article 37 provides for a right to a refund under certain conditions. This regulation could therefore also become relevant for owners of electric vehicles where a battery issue cannot be resolved promptly and permanently despite a recall.

However, the application of the regulation in this specific case remains to be clarified. It has only been in force since 13 December 2024. Whether and to what extent Article 37 applies to older vehicles and recall scenarios is therefore an important legal question.

No decision yet on vehicle returns

The order from the Offenburg Regional Court does not yet constitute a judgment. The court has merely provided a preliminary legal assessment. The defendants have until 6 November 2026 to respond. In addition to potential claims under EU law, the court also considers claims under sales law against the seller and claims under German product safety law to be conceivable.

For the consumer law firm Dr. Stoll & Sauer, which is handling the case, this could establish a legal basis for affected EV buyers – provided the Offenburg Regional Court issues a corresponding judgment. The firm refers to two first-instance rulings in favour of car buyers due to battery issues with Mercedes-Benz. These cases involve the recall due to battery problems with the EQA and EQB. Today, a Mercedes EQB caught fire while charging in Hamburg. According to NDR, the fire brigade used a special extinguishing lance, allowing firefighters to pierce the burning battery from the outside and then extinguish it from within.

However, this does not automatically entitle every owner of an electric vehicle affected by a battery recall to return their car. The decisive factors remain the specific hazard, the applicability of the EU regulation, and the remedial measures offered by the manufacturer. A rescission of the vehicle purchase is likely to be considered primarily if the manufacturer cannot rectify the defect within a reasonable time.

presseportal.de (DE), ndr.de (DE)