Fire hazard in electric cars: Why manufacturers may be obligated to take them back
By Google News Motors ·
Fire hazard in electric cars: Why manufacturers may be obligated to take them back
EU product safety law could obligate manufacturers of electric cars with dangerous high-voltage batteries to take back the vehicles. In a ruling dated October 16, 2026, and obtained by Dr. Stoll & Sauer, the Offenburg Regional Court, in a case concerning a Cupra Born, expressly considers claims against SEAT to be possible under Article 37 of the EU Product Safety Regulation (Case No. 2 O 356/25).
The consumer law firm sees this as an important avenue for those affected whose battery problems persist despite the recall and offers a free initial assessment via its online e-mobility check .
What the EU regulation stipulates regarding safety recalls
Article 37 of Regulation (EU) 2023/988 requires “effective, free and timely remedies” in the case of product safety recalls. The company responsible for the recall must, in principle, offer consumers at least two of these options:
Under certain conditions, only one remedy may be offered, for example, if alternatives are impossible or disproportionately expensive. If repair or replacement is not completed within a reasonable time and without significant inconvenience, the regulation provides for a right to reimbursement.
According to Dr. Stoll & Sauer, this could be an additional avenue for affected motorists if a permanent solution is not forthcoming. Whether Article 37 is applicable to a specific vehicle must be examined. This also concerns timing issues for older vehicles: the regulation has been in effect since December 13, 2024.
Offenburg Regional Court sees potential claims against SEAT
The Offenburg case concerns a Cupra Born and the 93S4 battery recall. According to the database extract evaluated by the court, defective battery modules can lead to reduced range and a risk of fire. The court considers both claims under sales law against the seller and claims against SEAT as the manufacturer to be possible.
Regarding the claims against SEAT, the ruling explicitly refers to “Article 37 of Regulation (EC) No 2023/988” in addition to German product safety law. For Dr. Stoll & Sauer, this is an important indication, as the court is thereby considering an additional basis for taking action against the manufacturer.
This does not yet constitute a conviction. The defendants have until November 6, 2026, to respond to the notice.
Battery recalls affect several manufacturers
Problems with high-voltage batteries are already keeping the law firm busy in numerous cases. The recalls and proposed solutions vary depending on the manufacturer and vehicle.
Positive rulings against Mercedes and Ford
Dr. Stoll & Sauer has already won several first-instance rulings in favor of car buyers due to battery problems:
These decisions do not constitute a final clarification of the claims under Article 37. However, they show that affected buyers can have their legal options reviewed even during an ongoing recall.
What options affected buyers can have checked
The decisive factors are the specific recall impact, previous workshop measures, and any remaining restrictions. Depending on the case, the following options, in particular, may be considered:
A recall does not automatically entitle you to return your car. Dr. Stoll & Sauer will assess what claims exist and against whom they are directed. Affected individuals can use the free initial assessment in the online e-mobility check .
Dr. Stoll & Sauer is one of the…
Originally published by Google News Motors
