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Recently updated on March 6, 2019 at 11:17 am
Who does not know these hints: "Depending on the output power", "Depending on the vehicle age", "Deviations upwards possible" etc. Many chiptuners (in particular of so-called tuning boxes which are installed by plug-and-play) refer to these key points when specifying the additional power. Often, however, even a new car does not fulfill these criteria. With judgment of the 14.02.2019 the higher regional court Stuttgart (Az. 2 U 123 / 18) forbade a supplier of Tuningboxen to advertise modules to increase the performance of cars or to bring themselves into circulation, if the advertised parameters of the additional achievement do not correspond to the facts. Also, the tuner was - in relation to another advertising example - prohibited to advertise modules for improving the performance of cars or to bring into circulation, if the relevant tuning box is not a partial report and at the same time this fact is not clearly noted. Often such Tuningboxen can be used legally only by means of expensive individual purchase.
The case
The defendant, a provider of tuning boxes, advertised several variants of chip tuning boxes on its website. The differences lay in the price and the achievable additional performance. A box for a 3-series BMW with 184 hp should enable an increase in performance of "+ 43 hp". However, the parts certificate from TÜV Austria Automotive GmbH attached to the module states that only "+29 PS" can be expected. Another product from the company for a VW Golf with 150 hp also spoke of an astonishing 43 hp. The parts certificate only stated "+23 PS". And another example. A Mercedes E250 CDI should receive a proud 57 PS in addition. The report mentioned here but only + 20 PS. A deviation from 180%! The Wettbewerbszentrale found that misleading and lamenting. In principle, the tuner does not provide any parts certificate for many modules and refers to this fact barely, Reason enough for the Wettbewerbszentrale to issue a warning. In the absence of the parts certificate, the buyer must order an expensive individual purchase in order to continue to enjoy full insurance coverage without risk and to travel with a legal vehicle.
The judicial process
After a previous complaint of the Wettbewerbszentrale was rejected at the LG Ulm, the Higher Regional Court Stuttgart has now stated at the hearing that the complaint of the Wettbewerbszentrale is justified. Performance improvements in the tuning sector may only be advertised as the result in the end also fails. For this, the consumer must receive an information that in the case of missing parts reports expensive single purchase is essential. Whether this individual purchase is actually approved is another problem.
The result:
In the future, there will probably be much less opulent performance improvements on the website of the tuner. Also, it is now more clearly pointed out the circumstance of a possibly missing parts report. Alternatively, corresponding products are simply taken off the market. These changes are likely to affect the entire industry, and other vendors need to rethink their advertising. All in all a decision we welcome. Further information can be found directly on the page of the Wettbewerbszentrale (klick)
Of course that had not been the case.
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