Due to recent rulings of the Spanish Tribulal Supremo in relation to fines imposed by the National Commission of Markets and Competition to various car manufacturers and dealers, in case you have purchased a new car between February 2006 and August 2013, you have the possibility to claim economic compensation from the manufacturer and/or dealer, amount which would range between 10% and 15% of the purchase price of the vehicle, to which court costs and interest should be added; that is, about 2,500 euros on average.
There are different interpretations as to what the deadline for claiming would be, ranging from April this year to the next 5 years. In any case, for safety, the best thing to do would be to formalize the claim before 31 March.
The brands affected are: Alfa Romeo, BMW, Chevrolet, Chrysler, Citroën, Dodge, Fiat, Ford, Honda, Hyundai, Jeep, Kia, Lancia, Lexus, Nissan, Opel, Peugeot, Renault and Toyota.
For Audi, Porsche, Skoda, Volkswagen and Seat, it would be debatable whether the statute of limitations would have expired, but it could be attempted and would depend on the judge’s interpretation. It would also be debatable, although for other reasons, in the case of Mercedes-Benz, Mitsubishi and Volvo.
If the car has already been sold, part of the damage suffered with the purchase would be understood as compensated or recovered, so that specific part should not be claimed. For this, an informe pericial/expert report would be essential. On the other hand, in the case of having purchased a second-hand vehicle, it is not clear whether a claim can be made or not.
In order to file a claim, an expert report is to be obtained. It would also be necessary to provide documents justifying the purchase and the purchase price, documents detailing the characteristics of the vehicle (technical data sheet, vehicle registration certificate or transport card) and documents justifying the transfer of the vehicle if it has been sold.
