Incorrect registration in the battery register triggers claims under competition law

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).

Contact person

Picture of Dennis Tölle

Dennis Tölle

, Specialist Attorney for Copyright and Media Law; Specialist Attorney for Intellectual Property Law

Free newsletter

Search

Request