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German OLG Zweibrücken rules frequent DPF regeneration not a defect in diesel‑Jeep lease case
The Oberlandesgericht (Higher Regional Court) Zweibrücken ruled that frequent regeneration warnings of a diesel particulate filter (DPF) do not constitute a material defect. The decision stems from a lease dispute in which a customer sought the return of a diesel‑powered Jeep after about 160 km of use because the vehicle repeatedly required regeneration trips.
The court, citing an expert report, held that the vehicle is technically sound and comparable to similar models. Regeneration requires 15–30 minutes of driving at speeds over 60 km/h and around 2,000 rpm, which short‑distance city driving cannot provide, causing the filter to stay too cold for ash combustion. Because short‑haul use was not expressly stipulated in the lease agreement, the customer must accept the additional regeneration cycles. The case was filed under reference 5 U 82/23, and the court concluded that the symptoms are a normal technical consequence, not a contractual breach.