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    German Lawsuit Against Tesla Advertising For Autopilot And Fsd Finally Failed

    Aug 14,2022 | Chloe Lacour

    With a lawsuit against Tesla, the Center for Combating Unfair Competition Frankfurt am Main e.V. caused a stir almost three years ago - and even more so when the Munich Regional Court ruled in the summer of 2020, as requested, that several formulations for the autopilot system and the option "full potential for autonomous driving" (FSD for short) on the Tesla website are misleading. Instead of getting out of the affair relatively easily with asterisk explanations, Tesla appealed the verdict. As teslamag.de has now been able to confirm, the company has had almost full success with it - and this decision is final.

    The association goes against Tesla to BGH

    After the Munich verdict, nothing changed at Tesla on the web (the photo above shows the status of 2019), which indicated that an appeal hearing would follow. This was confirmed in November of the same year, and in October 2021 the Higher Regional Court then ruled as the next instance. This judgment was not previously known and is now fully available to teslamag.de. Last week, the editors received the first indications of a Tesla victory in the autopilot issue, which have now been largely confirmed.

    According to the Higher Regional Court of Munich, Tesla's competition center can actually demand that further FSD functions not be announced: "by the end of the year". Back then, that meant 2019, and “automatic driving in built-up areas” was still online a year later with the same perspective. Tesla is no longer allowed to put it like that after the OLG ruling. In fact, there has been a less tangible "in the near future" there for some time; As in the USA, automatic driving in cities has also become the “City Steering Assistant”

    Otherwise, however, the court rejects all requests of

    Competition headquarters, even wanted Tesla to ban the term autopilot itself. The OLG found that the appeal against the judgment of the lower court was largely justified. Unlike the regional court, it was of the opinion that the "audience" addressed by Tesla on its website could understand from the descriptions that the company's electric cars could not and should not drive autonomously in Germany. The Higher Regional Court agreed with Tesla's advice that the texts in the configurator would only be read if there was a concrete interest in buying and thus with increased attention. The fact that “autopilot” at Tesla, for example, does not mean autonomous driving is clear from the context.

    Similar autopilot procedure in the USA

    The Higher Regional Court did not allow a revision of this judgment of October 2021 due to a lack of fundamental importance, so that it was actually final. However, the central competition office lodged a non-admission complaint with the Federal Court of Justice (BGH), which delayed the entry into force. But in the meantime, a decision has also been made: At the end of July, the BGH dismissed the plaintiff's complaint and confirmed his deputy press spokeswoman when asked by teslamag.de. With the exception of the year, the autopilot and FSD advertising from 2019 has been finally declared permissible in Germany - while in the USA a procedure has begun with which the Californian authority DMV wants to achieve about the same thing as the German association from Tesla.

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