German courts reject car buyer's 122,000 euro compensation claim

The Higher Regional Court (Oberlandesgericht) in Frankfurt am Main has ruled against a car buyer seeking over 122,000 euros in compensation for loss of use. The plaintiff had purchased a used vehicle for approximately 48,500 euros in 2021 and later discovered a defect in the headlight ventilation system. An expert determined the vehicle was no longer technically safe for road use, although it remained functional.

The buyer continued to use the vehicle without restriction until repairs were completed in June 2023, subsequently claiming compensation for 699 days of lost use. The court rejected the claim, stating that a compensation claim for loss of use requires a demonstrable economic disadvantage. Because the driver continued to use the vehicle despite the defects, the court found no actual economic loss occurred, noting that the driver merely assumed legal risks.

In a separate consumer law matter, the Higher Regional Court in Frankfurt also dismissed a lawsuit from an online buyer seeking to revoke a contract for an electric vehicle worth over 60,000 euros. The buyer argued the order button was improperly labeled, but the court ruled the transaction was transparent and the revocation request was submitted well beyond the standard 14-day period.