Import hope: drivers sue en masse over problems with European cars
Since 2022, Moscow car owners alone have filed more than a hundred lawsuits against representatives of European car manufacturers, Izvestia has found out. They demand compensation for malfunctions in their cars - earlier in such a case they were replaced with a vehicle, but with the withdrawal of Euro brands from the country it became impossible. Thus, in Moscow City Court there are about 35 claims, including appeals, for BMW representatives, 40 - for Mercedes-Benz. On December 17, the Moscow City Court sided with the representative of the brand, who challenged the decision to compensate 200 million rubles to the owner of BMW because of ventilation problems. But lawyers also tell about cases when courts take the side of motorists. What the owners of foreign cars complain about and how they defend their rights - in the material of "Izvestia".
Unreceived compensation
On December 17, Moscow City Court canceled the decision of Koptevsky district court to pay 200 million rubles to the owner of the car BMW X7. In June 2023, it ruled to recover a penalty, fine and compensation for moral harm from the importing company BMW Rusland Trading for refusing to replace the plaintiff's car with a new one due to problems with seat ventilation.
The malfunction was discovered in the first month of ownership of the car - in 2021. The expensive car (the owner bought it for 11 million rubles) had to be constantly repaired, so the owner of the BMW appealed to the court. The court took his side and recognized that the representative of the brand ignored the requirements to replace the car with a similar new one.
Auto lawyer Stanislav Sazonov, who represented the plaintiff in court, said that a cassation appeal would be filed against the decision of the Moscow City Court.
- "The results of the judicial appraisal examination were in our favor, " he told Izvestia. - A defect is considered significant if it could not be eliminated within 45 days. And in the course of the proceedings this point was missed.
However, as Stanislav Sazonov pointed out, he has already faced a similar situation when the court was considering an appeal claim. The court of first instance decided to pay the plaintiff 300 million rubles for a defect in the car Cadillac, then the representative of the brand successfully challenged this decision. But the cassation in the summer of 2023 sided with the car owner.
What breakdowns complain of car owners
Experts noted that most often with problems - for example, malfunctions of multimedia equipment and software - are faced by owners of such European car brands as Audi, Mercedes-Benz, BMW and Volkswagen. Earlier it was possible to control the functions of the car with the help of software, but after the introduction of sanctions and stopping the service of European brands it became impossible. In addition, there are complaints about problems with the engine, electrical units, suspension elements.
- Now you can protect your interests by filing a lawsuit," said Destra Legal Director Boris Feldman.
Since 2022, more than a hundred consumer protection lawsuits have been filed against Russian representative offices of European automakers in Moscow alone, according to data on the Moscow City Court website. There, including appeals, there are about 35 lawsuits regarding BMW, 40 - Mercedes-Benz, about 30 - brands of the concern VAG, which includes Audi, Volkswagen, Skoda, Porsche.
For example, in 2022, one of the car owners filed a lawsuit against Volkswagen Group Rus LLC. He wanted to recover the value of his car from the importer due to the fact that for several months he had constantly contacted the service with one problem or another. The plaintiff argued that the car's faults were not caused by natural wear and tear and did not arise through the owner's fault.
In 2023, there was another similar lawsuit from a Russian against the official importer "BMW Rusland Trading". In the three years since his purchase, his car was repaired seven times during the warranty period. According to the plaintiff, he was initially sold a substandard car, in particular, after the purchase was found a problem with the engine, but the cause of the breakdown dealership centers could not eliminate or diagnose.
On both of these claims, the court dismissed the claims.
At the same time, in 2024 the court ruled to partially satisfy the claim of the owner of Mercedes-Benz GLS 400D against Mercedes-Benz RUS JSC and MB RUS JSC. According to the materials of the case, in 2022, the latter applied to the service center, where the car malfunction was revealed: due to the rupture of the high-pressure hose, the electrical units and body wiring were damaged. However, the representatives of the brand refused to eliminate the breakdown.
Problems with maintenance and troubleshooting affected not only people who bought cars before 2022, but all owners of cars from defunct brands, said Boris Feldman. There is a shortage of spare parts, the cost of repairs has increased multiples, insurance fees have risen.
- Those who bought cars shortly before the sanctions were faced with the absence or non-fulfillment of a number of warranty obligations provided for in the contract. Dealers simply cannot fulfill them, " he said. - If the owner encountered a breakdown while the car was under warranty, the company refused to help or promised to provide the service in a prohibitive time.
How to fix European cars
However, despite the complexity of maintenance, interest in European brands is not decreasing, said "Izvestia" technical director of tuning studio Seven Force Nikita Pankov.
- Premium brands prevail mostly in Moscow," he added. - Everything can be repaired, it's a matter of time, money and desire. There are those who have switched to premium China, but there are problems with these cars too. In particular, there are no spare parts available, no authorization to carry out official repairs of batteries or body panels. In such cases, dealers can refuse to repair.
Now among the brands that are most often discussed in connection with the denial of maintenance are Volkswagen, BMW and Mercedes-Benz, said auto expert Yulia Miloslavskaya. These companies have reduced the number of their service centers, which has led to difficulties with maintenance and repair of cars, as well as worsened availability of spare parts.
-As an alternative, affected car owners can use the services of certified independent service centers, look for spare parts through online stores and specialized platforms offering delivery from abroad, - she said. - It is worth paying attention to domestic manufacturers and new brands that have recently entered the Russian market.
And auto expert Ivan Volin urged to be extremely cautious when buying auto parts - there may be a large number of fakes for original parts on the market.
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