# A German court says EU recall law could let a Cupra Born owner hand the car back. What it means for battery recalls

A regional court in Offenburg has said a Cupra Born owner caught by a battery recall may have a claim under the EU's product safety rules, which promise a refund when a repair drags on. It is a preliminary view, not a judgment, and every car in that recall was built before the rules applied.

- Type: Report
- Desk: Batteries and supply chain
- Published: 2026-10-31
- By: Charjin Editorial Desk
- URL: https://charjin.com/stories/offenburg-court-ev-battery-recall-refund-eu-rules

## If my electric car is in a battery recall, can I now hand it back for a refund?

Not automatically. EU law already says that if a recall repair is not done within a reasonable time and without significant inconvenience, the consumer is entitled to a refund. A German court has now said that rule may apply to a recalled Cupra Born, but it is a preliminary view in one case, and it is still unclear whether the rule reaches cars sold before 13 December 2024.

## What to know

1. Offenburg Regional Court (case 2 O 356/25) said on 16 October 2026 that claims against SEAT under Article 37 of EU Regulation 2023/988 are possible. It is a court notice, not a judgment, and the defendants can reply until 6 November 2026.
2. Article 37 says a recall remedy must be effective, free and timely, and the consumer is always entitled to a refund if repair or replacement is not completed within a reasonable time and without significant inconvenience.
3. The regulation has applied since 13 December 2024. Every car in the Cupra Born and VW battery-module recalls was built before that date, which is why the open question about older cars matters.
4. The regulation applies in the EU and Northern Ireland, not in Great Britain.

## What the court said

The case is at Offenburg Regional Court in Germany, under case number 2 O 356/25. A Cupra Born owner wants to undo the purchase and is suing both the seller and SEAT, Cupra's parent company, as manufacturer. In a court notice dated 16 October 2026, the court said claims against SEAT are possible under Article 37 of the EU's General Product Safety Regulation, as well as under German product safety law, and that sales-law claims against the seller are also conceivable. [1][4]

This is an early assessment, not a ruling, and the defendants have until 6 November 2026 to respond. The account of the notice comes from Dr. Stoll & Sauer, the owner's law firm, which also says a recall does not by itself entitle every owner to return a car. [1][4]

## The recall behind the case

The car is covered by Cupra recall 93S4 (German KBA reference 16269R). It concerns high-voltage battery modules that do not meet specification. The German motor authority's description, as reported, says these can reduce range, switch on a yellow warning light and, in the worst case, cause a fire. The fix is a software update, with faulty modules replaced where needed. [5][6]

The Cupra recall covers 19,452 Borns worldwide, about 6,000 of them in Germany, built from 7 February 2022 to 21 April 2024. A parallel Volkswagen recall (code 93MI) covers 74,579 ID.3, ID.4, ID.5, ID. Buzz and ID. Buzz Cargo vehicles worldwide; for the ID.3 the build window is 24 June 2023 to 23 August 2024. [5][6]

## What Article 37 promises

Article 37 says that when a product safety recall happens, the business responsible must offer the consumer an effective, cost-free and timely remedy. It must normally offer a choice of at least two of three: repair, replacement with a safe product of the same type and at least the same value, or a refund at least equal to the price paid. It may offer only one where the others would be impossible or disproportionately costly. [2]

The clause that matters for slow battery repairs is plain: the consumer is always entitled to a refund if the repair or replacement has not been completed within a reasonable time and without significant inconvenience. [2]

Cars have their own EU safety laws, and the regulation switches off several of its chapters for products covered by such laws. The chapter holding Article 37, on the right to a remedy, is not on that list. [2]

## The date problem, recall by recall

The regulation has applied since 13 December 2024. Set that beside the build windows: the last recalled Born was built on 21 April 2024 and the last recalled ID.3 on 23 August 2024. On build dates alone, every car in both recalls predates the rule. A car built before that date could still have been first sold after it, so the sale date on your own paperwork matters. [2][5][6]

This is the question the case leaves open. Electrive reports that it is unclear whether Article 37 covers older vehicles and recall cases, and the owner's lawyers say it has to be checked case by case. The UK government's guidance for Northern Ireland, where the regulation also applies, says it applies only to products placed on the market from 13 December 2024. A court in Germany may read it differently, which is what the Offenburg case could test. [1][3][4]

## Other routes, and where the rule applies

The law firm points to German sales-law cases over battery recalls on other cars. It says Stuttgart Regional Court ordered Mercedes EQA purchases to be unwound in July 2026, and that Dortmund Regional Court unwound the purchase of an EQA 250+ in September 2026 against a payment of €37,843.35, a judgment not yet final. It also cites a Regensburg default judgment, since challenged by Ford, refunding a Kuga plug-in hybrid's price minus a deduction for use. Charjin has not seen these judgments. [1][4]

Those deductions are the difference to watch. A sales-law refund can be reduced by a deduction for use, as in the Regensburg case, while Article 37 sets the refund floor at the price paid. [1][2]

Geography matters too. The regulation applies across the EU and, under UK government guidance, in Northern Ireland. It does not apply to products sold in Great Britain, which stay under the General Product Safety Regulations 2005. [2][3]

## What an owner should check

First, confirm which recall code your car carries; in Germany, the KBA writes to affected owners and the work is done at a franchised workshop. Second, record every date: when you were notified, when you asked for the repair and what you were told about timing. Article 37 turns on whether the repair was completed within a reasonable time. [2][6]

Third, find your first sale date, because it decides whether the regulation could apply at all. Until the Offenburg court rules, or a higher court settles the date question, treat Article 37 as a possible argument for a refund, not a guaranteed one. [1][2][3]

## Common questions

**Does a battery recall mean I can return my car?**

No. A recall does not by itself entitle you to return the car. Under Article 37 a refund becomes a right when the repair or replacement is not completed within a reasonable time and without significant inconvenience, and whether that article covers cars sold before 13 December 2024 is still unsettled.

**Has the Offenburg court made a final decision?**

No. Its 16 October 2026 notice is a preliminary assessment. SEAT and the seller can respond until 6 November 2026, and the court has not yet ruled.

**Does this apply in the UK?**

The EU regulation applies in Northern Ireland, for products placed on the market from 13 December 2024, but not in Great Britain, where the General Product Safety Regulations 2005 still apply.

## Evidence

[1] Dr. Stoll & Sauer Rechtsanwaltsgesellschaft mbH, via news aktuell / Presseportal, "Markenrisiko im E-Auto: Hersteller müssen ggf. zurücknehmen (press release, 29 October 2026)" (primary, accessed 2026-10-31). The owner's law firm describes the Offenburg notice of 16 October 2026 (2 O 356/25), the 6 November deadline, recall 93S4 and the Stuttgart, Dortmund and Regensburg judgments it cites. https://www.presseportal.de/pm/105254/6380035
[2] Official Journal of the European Union (EUR-Lex), "Regulation (EU) 2023/988 on general product safety" (primary, accessed 2026-10-31). Official text: Article 37 remedies including the refund right after an untimely repair, Article 2 scope and the chapters excluded for harmonised products, and application from 13 December 2024. https://eur-lex.europa.eu/eli/reg/2023/988/oj/eng
[3] UK Government (GOV.UK), "EU Regulation 2023/988 on General Product Safety: detailed guidance" (primary, accessed 2026-10-31). UK government guidance: the regulation applies in Northern Ireland to products placed on the market from 13 December 2024 and does not apply in Great Britain, which stays under the 2005 regulations. https://www.gov.uk/government/publications/general-product-safety-regulations-northern-ireland/eu-regulation-2023988-on-general-product-safety-detailed-guidance
[4] electrive, "OEMs may have to take back EVs with faulty batteries" (reference, accessed 2026-10-31). Independent report of the Offenburg notice, the defendants, the open question on older vehicles and the limits on any right to return. https://www.electrive.com/2026/10/30/oems-may-have-to-take-back-evs-with-faulty-batteries/
[5] electrive, "VW plans recall of around 100,000 MEB electric cars" (reference, accessed 2026-10-31). Recall numbers, KBA references 16271R and 16269R, worldwide and German totals, build windows and the software-and-module remedy, from the KBA database. https://www.electrive.com/2026/03/24/vw-plans-recall-of-around-100000-meb-electric-cars/
[6] ADAC, "Brandgefahr: Rückruf bei E-Autos von VW und Cupra" (reference, accessed 2026-10-31). German motoring club's account of the recall: models, build dates, defect and symptoms, no known damage or injuries, and that the KBA notifies owners for workshop repairs. https://www.adac.de/news/rueckruf-vw-cupra-brandgefahr/

Cite as: Charjin, "A German court says EU recall law could let a Cupra Born owner hand the car back. What it means for battery recalls", 31 October 2026, https://charjin.com/stories/offenburg-court-ev-battery-recall-refund-eu-rules