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Online trade: BGH submits dispute over guarantee notice to the ECJ

2021-02-11T11:53:12.789Z

How detailed do Internet retailers need to provide information about the warranty? The Federal Court of Justice has submitted an offer of pocket knives to the European Court of Justice. A competing dealer had sued.



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Federal Court of Justice in Karlsruhe

Photo: Uli Deck / dpa

The question of how precisely online retailers have to provide information about guarantees could be clarified by the European Court of Justice (ECJ).

The Federal Court of Justice (BGH) has submitted a relevant dispute for consumers between two dealers of pocket knives to the judges in Luxembourg.

Among other things, they should clarify the circumstances under which the information obligation exists and how extensive the information must be.

The background to this is that, according to the BGH, the EU rules have been implemented almost identically in German law.

Is a link enough?

In the specific case, the question is whether a link to product information from the manufacturer of Swiss Army Knives with a reference to an unlimited guarantee is sufficient.

One dealer had sued the other because the latter had merely linked to product information from the manufacturer without giving more precise information on the guarantee contained therein.

The plaintiff had lost with his demand for an omission before the regional court in Bochum and won in the appeal before the higher regional court in Hamm.

At the hearing in November, the presiding judge Thomas Koch had said that the case was not easy to solve.

In legal specialist literature, for example, the question of when a seller has to provide more detailed information on manufacturer guarantees is controversial - always, when a link is placed or only when he is advertising it.

File number: I ZR 241/19

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apr / dpa

Source: spiegel

All business articles on 2021-02-11

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