EU product safety law may require EV makers to buy back cars with fire-risk batteries, court ruling suggests

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 .

• The Offenburg Regional Court cites Article 37 of the EU Product Safety Regulation as a possible basis for a claim against SEAT.
• In the case of safety recalls, in addition to repair and replacement, claims for reimbursement may also be considered.
• Dr. Stoll & Sauer has already won favorable rulings against Mercedes and Ford.

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:

• Repair of the recalled product.
• Replacement with a safe product of the same type with at least the same value and quality.
• Reimbursement of the value, at least equal to the purchase price paid.

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.

• Mercedes EQA and EQB: According to information from the KBA (German Federal Motor Transport Authority) dated August 17, 2026, the timeframe for the battery replacement recall has been extended to March 1, 2028. This does not mean that every affected customer has to wait that long.
• Ford Kuga Plug-in Hybrid: Recall 25SC4 concerns potential internal short circuits and fire hazards. The software update may reduce the usable battery capacity.
• Cupra Born: In addition to recall 93S4, which is the subject of proceedings before the Offenburg Regional Court, a KBA (Federal Motor Transport Authority) extract dated October 19, 2026, which is available to the law firm, documents campaign 93W4 due to potential overheating during fast charging. Initially, a charging limit of 80 percent is planned; if necessary, battery modules or the entire high-voltage battery will be replaced.

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:

• Stuttgart Regional Court, judgments of July 30, 2026, case nos. 53 O 3/26 and 53 O 27/26: Reversal of Mercedes EQA purchases due to the specific fire risk.
• Dortmund Regional Court, judgment of September 4, 2026, case no. 3 O 300/25: Reversal of the sale of a Mercedes EQA 250+ against payment of €37,843.35. The judgment is not yet legally binding.
• Regional Court Regensburg, default judgment of July 27, 2026, case no. 84 O 872/26: Return of a Ford Kuga and refund of the purchase price less compensation for use. Ford initially failed to file a timely defense and has since filed an objection. The proceedings continue.

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:

• Withdrawal from the purchase agreement and reversal of the transaction with the seller.
• Reduction of the purchase price or compensation for damages, if the respective conditions are met.
• Additional claims against the person responsible for the safety recall, in particular under Article 37 of the EU Product Safety Regulation.

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 leading consumer law firms.

Dr. Stoll & Sauer represents consumers in matters including issues with electric vehicles, lease returns, and COVID-19 emergency aid. The firm’s partners co-led the model declaratory action against Volkswagen on behalf of the Federation of German Consumer Organizations (VZBV) and negotiated a settlement of €830 million for approximately 260,000 consumers. Lawyers from the firm also represent plaintiffs in the class action lawsuit concerning the Facebook data breach. The JUVE Handbook 2019/2020 recognized the firm as a market leader for its expertise in managing mass litigation.

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