The ElektroG requires manufacturers of electrical appliances, in this country to take responsibility for the disposal of old equipment. These registration of products is "Electrical and Electronic Equipment Register" (EAR) is required. Dealer, apply the appropriate products in Germany offer or market, but should not rely blindly that the manufacturer meets his obligations, but this check, if necessary - or face in doubt warnings for breach of competition law, such as a recent case shows.
In the proceedings before the Hamm Court case involved a vacuum cleaner to the affected dealers had offered in its online shop. As it turned out as part of a test purchase by a competitor, the unit was obviously come across a so-called parallel import from the UK to Germany. The manufacturer had the vacuum cleaner, however (5 ElektroG § 6 para. 2 sentence) registered neither of the advertised product designation by the dealer still branded at EAR properly. Thereupon, the online retailer saw a penalty clause explanation and warning costs in the amount of 1,000 euros confronted.
The judges of the Higher Regional Court Hamm saw the action as warranted. Even dealers are obliged under the WEEE to ensure the proper registration of the products sold by the electrical appliances at EAR, according to the now published explanation of the judgment of 30.8.2012 (ref. I-4 U 59/12). A competition law violation lie so far ago when customers were guided by the Dealer facilities astray, the court ruled. This would also apply even if the dealer had only acted negligently.(Map)