EU product safety law could provide buyers of electric cars with potentially defective high-voltage batteries an additional way to return their vehicles. The Offenburg Regional Court explicitly allows the reversal of the purchase in a case involving a Cupra Born based on the EU Product Safety Regulation.

At the centre of the proceedings (Case No. 2 O 356/25) is a Cupra Born affected by a recall of its potentially faulty battery (Campaign 93S4). According to the recall notice, certain battery modules may suffer reduced range and trigger a warning light. Additionally, there is a risk of fire. In total, the recall announced in March 2026 affects almost 100,000 electric vehicles from the Volkswagen Group, specifically 74,579 units worldwide from the ID.3, ID.4, ID.5, ID.Buzz, and ID.Buzz Cargo model ranges, as well as 19,452 Cupra Born vehicles.

The plaintiff is therefore seeking to rescind the purchase of her Cupra Born and is asserting claims before the Offenburg Regional Court against both the seller and Seat, the parent company of Cupra, as the manufacturer.

Notably, the Regional Court explicitly cites Article 37 of EU Regulation 2023/988 (EU Product Safety Regulation) regarding potential claims against Seat. This provision governs remedial measures in the event of product recalls. Responsible companies must fundamentally offer affected consumers an effective, free-of-charge, and timely solution. As a rule, at least two options must be available: repair, replacement with an equivalent safe product, or a refund of the purchase price.

If a repair or replacement cannot be carried out within a reasonable time and without significant inconvenience to consumers, Article 37 provides for a right to a refund under certain conditions.

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