If a business places goods on the market without correctly registering the batteries they contain in the battery register, it is acting unfairly. The relevant Section 6 of the German Electrical and Electronic Equipment Act (ElektroG) is a market conduct regulation, the violation of which can be punished under competition law. In the specific case, batteries for vehicles that children can drive themselves were incorrectly entered in the register as “portable batteries” and not as “industrial batteries”(OLG Frankfurt am Main, judgment of 28.02.2019 – 6 U 181/17).
Inadmissible media disruption: advertising letter may not refer to general terms and conditions on the Internet
Inadmissible media disruption: advertising letters may not refer to general terms and conditions on the Internet – important decision by the Düsseldorf Higher Regional Court.