• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

Incorrect registration of batteries can be warned

3. April 2019
in Competition law, Online retail
Reading Time: 3 mins read
0 0
A A
0
batteries 3004318 1280

Of course, products containing batteries are also sold via online shops. These products must be reported to the Joint Take-Back Scheme. In addition, great care must be taken, because if you register the wrong type of batteries, this circumstance can also be warned, despite the actual registration. This has now been decided by the Higher Regional Court of Frankfurt.

Pursuant to Paragraph 3 III of the BattG, manufacturers may only place batteries on the market if they have previously indicated this in accordance with The First sentence of Section 4 (1) of the BattG. Pursuant to Section 4 I BattG, each manufacturer is obliged to notify the Federal Environment Agency before placing batteries on the market. According to Section 2 No. 15 BattG, “manufacturer” is the first to place commercial batteries on the market. The type of battery must be indicated during registration. This classification has consequences for the withdrawal of batteries regulated by the BattG. For portable batteries on the one hand and industrial and vehicle batteries on the other, the BattG provides for various return systems.

Above all, it is necessary to distinguish what kind of batteries are involved. Industrial batteries and accumulators include only batteries and accumulators for emergency or backup power in hospitals, airports or offices, batteries and accumulators for use in trains or aircraft and batteries and accumulators for offshore drilling rigs or lighthouses as well as numerous similar applications. By device batteries, on the other hand, the law means all encapsulated batteries that can be easily held in the hand of the average person and which are neither vehicle batteries nor industrial batteries. These are typically monocell batteries such as AA or AAA, mobile phone batteries and the like. However, the classification can be tricky and it may have to be determined on the basis of the legal justification. A few hints can be found in the reasons for the judgment.

What is particularly problematic is that the OLG did not want to allege that the defendant had sought to classify the battery with the competent authority!

The defendant cannot successfully rely on an administrative decision to classify it as a ‘device battery’. An infringement of competition law is ruled out if the competent administrative authority has issued an effective administrative act that expressly permits the objectionable market behavior (BGH GRUR 2018, 1166 [BGH 13.09.2018 – I ZR 26/17] Rn. 27 – Process financier). The written opinion of the Federal Environment Agency, according to which batteries in a mobile toy car are portable batteries, does not make any binding regulation in this sense (Annex B7). The letter is not an administrative act with an effect on the facts. The same applies to the letter of the Federal Environment Agency dated 24.1.2019 (Annex BK5), which is described as a “technical opinion”. An administrative act is any injunction, decision or other public authority measure taken by an authority to regulate an individual case in the field of public law and which is directed to direct legal effect to the outside world (Section 35 sentence 1 vwVfG). The question whether the expression of an authority constitutes an administrative act must be determined in accordance with Paragraphs 133, 157 of the German Civil Code (BGB). According to that provision, the interpretation of an administrative act is based on the declared will of the issuing authority, as the recipient could understand it in an objective assessment (BGH, Urt. v. 14.6.2007 – I ZR 125/04, paragraph 16 – juris). By letter dated 25.12.2018, the defendant had requested a declaration of assessment. However, the letter of reply from the Federal Environment Agency does not concern one. The Office has expressly issued only a “technical opinion”. In it, it merely states its legal view that, in our view, the battery to be evaluated ‘should not be classified as a vehicle or industrial battery, but as a battery of equipment’. A binding regulatory content, according to which the registration of the batteries at issue is correct, cannot be inthesisive from the letter.

A very debatable legal opinion, I think!

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: BghFrankfurtLawsRegistration

Weitere spannende Blogposts

Blockchain in computer games – a new playing field for lawyers?

Blockchain in computer games – a new playing field for lawyers?
22. December 2022

Introduction: Blockchain and computer games - what do they have to do with each other? The use of blockchain technology...

Read moreDetails

OLG Cologne on a “one star” rating of a competitor

Agency to delete Google reviews problematic
1. February 2023

The Cologne Higher Regional Court has ruled that a rating of a competitor with one out of five possible stars...

Read moreDetails

Ltd. (Limited) in Germany and #Brexit? Act now!

Ltd. (Limited) in Germany and #Brexit? Act now!
7. November 2022

Due to the introduction of the UG (limited liability company) in Germany, the Limited (under English law), with German administrative...

Read moreDetails

Draft law to strengthen fair competition

Online shops: Attention to advertising with EIA
7. November 2022

The German government has introduced a new bill to strengthen fair competition, which could help small and medium-sized companies in...

Read moreDetails

AG Frankfurt on travel cancellation due to Corona and cancellation fees

AG Frankfurt on travel cancellation due to Corona and cancellation fees
7. November 2022

One of the first rulings I know of on the subject of cancelling trips because of Corona comes from the...

Read moreDetails

Unity Media and WLAN hotspot: customers do not have to agree

Unity Media and WLAN hotspot: customers do not have to agree
7. November 2022

The First Civil Senate of the Federal Court of Justice, which is responsible among other things for claims under the...

Read moreDetails

Domain seizure: BGH obliges DENIC

7. November 2022

While domains were actually just an address at the beginning of the Internet hype, they are increasingly becoming an economic...

Read moreDetails

Federal Council fails to find majority against cybercrime

Federal Council fails to find majority against cybercrime
7. November 2022

No majority for proposal to combat cybercrime A bill from Bavaria to combat cybercrime was voted on in plenary on...

Read moreDetails

BFH and the taxation of gains from the sale of cryptocurrencies?

Bitcoin trading not subject to licensing
27. January 2023

What has been decided so far? Gains realized from the sale of cryptocurrencies are subject to income tax as part...

Read moreDetails
Contractual regulations for no-code/low-code software development
Other

Contractual regulations for no-code/low-code software development

21. May 2025

No-code and low-code platforms enable rapid software development without extensive manual programming. Applications are increasingly being developed on the basis...

Read moreDetails
Erotic content on OnlyFans: Copyright and personality rights protection for creators

Erotic content on OnlyFans: Copyright and personality rights protection for creators

20. May 2025
Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

19. May 2025
Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

18. May 2025
From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

17. May 2025

Podcastfolge

86fe194b0c4a43e7aef2a4773b88c2c4

On the dark side? A lawyer in the field of tension of innovative start-ups

26. September 2024

In this personal and engaging episode, the experienced IT and media lawyer delves deep into the gray area of his...

Read moreDetails
d5ab3414c7c4a7a5040c3c3c60451c44

The metaverse – legal challenges in virtual worlds

26. September 2024
4f3597d5481e0f38e37bf80eaad208c7

The IT Media Law Podcast. Episode No. 1: What is this actually about?

26. August 2024
092def0649c76ad70f0883df970929cb

Influencers and gaming: legal challenges in the digital entertainment world

26. September 2024
8ffe8f2a4228de20d20238899b3d922e

Web3, blockchain and law – a critical review

26. September 2024

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung