Together with Hendrix Law, we are representing a German rental company in the now well-known kilometer-blocker case. After we previously won in court and the car was returned to the rental company, the Public Prosecution Service (OM) lodged an appeal in cassation before the Supreme Court (Hoge Raad).
Yesterday, the Advocate General (AG) published her conclusion (see Hoge Raad press release). She recommends that the Supreme Court dismiss the appeal filed by the Public Prosecution Service and confirms the earlier decision that the vehicle must be returned to the rental company.
Background
A kilometer-blocker is a device used to manipulate a vehicle’s odometer. The Public Prosecution Service argued that a car in which a kilometer-blocker had once been installed should remain subject to forfeiture even after removal of the device. Together with Hendrix Law, we successfully argued on behalf of the German rental company that this interpretation goes too far: once the blocker has been removed, the vehicle no longer poses a risk to road safety or to trust in the market.
Conclusion of the AG
The AG supports our position. She states that possession of a car from which the kilometer-blocker has been removed is not contrary to the law or the public interest. She also emphasizes that the actual mileage can often still be determined afterwards, meaning there is no question of permanent deception.
Next steps
From the outset, we have, together with Hendrix Law, strongly advocated for the return of the car. The AG’s conclusion confirms our argument that removal of the blocker justifies the return. The Supreme Court is expected to issue its ruling on 25 November 2025, which could become a guiding precedent for future cases.
