Case law

  • Case Details
    • National ID: link
    • Member State: Germany
    • Common Name:link
    • Decision type: Supreme court decision
    • Decision date: 05/12/2012
    • Court: Federal Court of Justice
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: competition, information obligation
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 1, 2., (e) Consumer Sales and Guarantees Directive, Article 6 , 1. Consumer Sales and Guarantees Directive, Article 6 , 2. Consumer Sales and Guarantees Directive, Article 6 , 2., - Consumer Sales and Guarantees Directive, Article 6 , 2., -
  • Headnote
    (1) In the context of consumer goods, a warranty statement must comply with certain requirements (under § 477 para. 1 sentence 1 and 2 BGB). It must be written in simple and intelligible language and note the legal rights of the consumer and that they are not limited by the warranty (§ 477 para. 1 sentence 2 no. 1 BGB). The content of the warranty must contain all the essential information required for its enforcement, in particular the warranty’s duration and territorial scope and the name and address of the guarantor (§ 477 para. 1 sentence 2 no. 2 BGB).

    (2) The term "warranty" covers only declarations of intent which lead to the conclusion of a purchase contract (an independent warranty) or an independent warranty contract. It does not cover the advertising, which merely encourages the consumer to order and is not a legally binding promise.
  • Facts
    The plaintiff sells photo articles on eBay and is a competitor of the defendant. The defendant uploaded a purchase offer, indicating a warranty, but only with regard to the term of the warranty.
    On 16 November 2008, the defendant offered a new digital camera including accessories for an amount of EUR 133.50. The description contained the following statement: 24 months manufacturer’s warranty. There were no other indications with regard to the warranty.

    The plaintiff demands omission, provision of information and reimbursement of warning costs. The court of appeal rejected the appeal. The plaintiff continues to pursuit her legal interests.
  • Legal issue
    The consideration of the court of appeal was correct.
  • Decision

    (1) Which requirements must be complied with when advertising with a warranty?

    URL: http://openjur.de/u/634488.html

    Full text: Full text

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  • Result
    The appeal was rejected.