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Powering Up Your Rights: Consumer Protection Wins in the Senec Saga
In a series of groundbreaking court rulings, the Higher Regional Courts in Oldenburg and Dresden, as well as the OLG Hamm, have set new standards for consumer protection when it comes to Senec energy storage systems. Here's a breakdown of the latest developments, courtesy of Dr. Stoll & Sauer Law Firm, who have been at the forefront of the Senec scandal, handling more than 300 lawsuits.
The Senec Scandal: A Shift in the Legal Landscape
Since 2022, Senec has been under fire due to fire incidents and technical problems with its energy storage systems. Many customers have experienced performance losses, and thousands of storage systems have been throttled or shut down for safety reasons. Now, for the first time, several Higher Regional Courts have suggested Senec storage systems may be defective and returnable. Here's a summary of the three key cases:
LG Bielefeld: A Victory That Never Came
- In the case before the Regional Court of Bielefeld (Ref.: 9 O 166/24), the allocation of costs was disputed. The lawsuit against the Senec dealer was deemed settled after the storage modules were replaced.
- The OLG Hamm (Ref.: I-2 W 16/25) has hinted that the case at the Regional Court of Bielefeld would likely have been won:
"The warranty claims would likely have been successful due to the defectiveness of the storage system." "Therefore, the costs of the lawsuit would likely have been borne by the defendant; their co-defendant would have had to bear their own out-of-court costs."
LG Oldenburg: The Right to Withdraw
- In the case before the Regional Court of Oldenburg (Ref.: 9 O 251/24, ruling of November 6, 2024), the buyer of a Senec home storage system that had been throttled to 70% was granted the right to withdraw.
- The OLG Oldenburg (Ref.: 2 U 145/24) has confirmed this legal opinion: "The Senate assumes that [...] a warranty claim for replacement exists. [...] The storage system was defective even when the danger occurred."
- Senec and the dealer then withdrew their appeal - the ruling is final.
LG Leipzig: The Danger of reduced Capacity
The Regional Court of Leipzig (Case No. 06 O 955/24, Judgment of October 23, 2024) recognized a reduction of 30 percent due to documented fire incidents and suspicion of danger.* The OLG Dresden (Case No. 6 U 1500/24) has further clarified: "The appeal of the defendant and the intervenor is unlikely to be successful. No admission of revision is intended."* Here too: Appeal withdrawn, judgment final.
What's Change in the Story for Consumers of Senec Storage Systems?
- Subsequent performance throttling can be a significant material defect, even for safety reasons.
- Even a concrete suspicion of danger can trigger defect rights such as withdrawal or reduction.
- Buyers of Senec storage systems can directly refer to these current judgments.
- Withdrawal from the purchase contract is possible without a grace period, even if the dealer has no influence.
- Dealers can be liable, even if the measure comes from the manufacturer.
- The statute of limitations can be suspended by timely action.
Protect Your Interests: The Senec Online Check
Consumers affected by throttling, technical problems, or safety risks should check their claims now. Dr. Stoll & Sauer, who handle a significant portion of Senec-related lawsuits nationwide, offers a non-binding and free initial assessment in the Senec Online Check.
For more information, check out the website:
https://www.dr-stoll-kollegen.de/senec-stromspeicher
Dr. Stoll & Sauer: Your Champion in Consumer Rights
The law firm Dr. Stoll & Sauer Rechtsanwaltsgesellschaft mbH is a leading name in consumer law. With the expertise of 18 lawyers and specialist lawyers, the firm stands ready to assist clients across key locations like Lahr, Stuttgart, and Ettenheim. They specialize in banking, capital market law, and the diesel scandal. The partners Dr. Ralf Stoll and Ralph Sauer led the model declaratory action against Volkswagen AG, negotiating an 830 million euro settlement for 260,000 consumers. The partners are currently leading a model declaratory action against the Mercedes-Benz Group AG, and have already won the case in the first instance. Similarly, lawyers from the firm are spearheading the class action against the Meta Corporation. In the JUVE Handbook 2019/2020, the firm is mentioned as a market-shaper for its competency in managing mass proceedings.
Sources:[1] "Hallesche Verordnung erweitert Anspruchsbereich von Senec-Nutzern - Handelsblatt (April 12, 2023)
- The judgments from several Higher Regional Courts, including the OLG Dresden and the OLG Hamm, suggest that Senec storage systems may be defective, possibly returnable, and to blame for performance losses, due to documented fire incidents and suspicions of danger.
- In the event of subsequent performance throttling, material defects can still be significant, even if they are done for safety reasons, and consumers of Senec storage systems can directly refer to these current judgments, potentially enabling them to withdraw from their purchase contracts without a grace period.
