• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
ITMediaLaw - Rechtsanwalt Marian Härtel
Warenkorb
Plugin Install : Cart Icon need WooCommerce plugin to be installed.
  • 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
ITMediaLaw - Rechtsanwalt Marian Härtel
Home Competition law

No advertising with a manufacturer’s warranty = no information required?

25. September 2019
in Competition law
Reading Time: 2 mins read
0 0
A A
0
clause 1462951 1280

Until now, one of the biggest risks of a warning was when online retailers did not provide information about the guarantee conditions of products they were selling (see this article, for example). According to the previous understanding of many courts, it should also be irrelevant if the online retailer did not even know that the manufacturer offered a certain guarantee(see this post).

Of course, this caused headaches for many online retailers.

A similar situation was also made for a dealer who was sued by the IDO Association at the Regional Court of Hanover. Astonishingly, the Regional Court of Hanover did not agree with the previous trend in the case-law.

The district court ruled that the trader would not be obliged to provide information if a (manufacturer) guarantee is neither advertised nor mentioned in the offer.

b. The only decisive factor is therefore whether every seller – i.e. also the one who makes no reference to an existing manufacturer’s guarantee – has to inform about it.

Neither the wording nor the meaning and purpose of Article 246a, Paragraph 1,100 of the 1 p. 1 ETUCGB would support such an obligation to provide information. In essence, this was based on the fact that the consumer would still be able to weigh up the pros and cons of the contract if he was unaware of the guarantee. That is quite convincing.

In principle, it is not the function of information obligations to provide legal advice to a consumer and to carry out a legal ‘favouritism’ for him, which is not objectively affordable.

However, many other courts justified the infringement on the grounds that an obligation to provide information would result from the fact that an entrepreneur would be spared effort if he did not have to compile information on the scope and conditions of a guarantee. The General Court also rejected this argument, since information obligations would not serve to impose a certain burden on all entrepreneurs.

It remains to be seen whether the verdict will be delivered at the next instance.

Tags: Case lawConsumerInformation

Weitere spannende Blogposts

The Interstate Treaty on the Media: What’s New? What is valid?

medienrecht
7. November 2022

The Interstate Treaty on the Media entered into force on November 7, 2020, replacing the Interstate Treaty on Broadcasting that...

Read moreDetails

Trade Secrets Protection Act in April

Trade Secrets Protection Act in April
7. November 2022

With a 10-month delay, Directive (EU) 2016/943 on the protection of confidential know-how and confidential business information against unlawful acquisition,...

Read moreDetails

Federal Court of Justice rules on cookie storage consent

ECJ: Cookies require explicit consent of users
7. November 2022

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

Read moreDetails

Agency to delete Google reviews problematic

Agency to delete Google reviews problematic
28. October 2019

Although there are now numerous services that enable ratings of services, Google is still one of the most important sources...

Read moreDetails

New law for fair consumer contracts

New law for fair consumer contracts
7. November 2022

The Federal Ministry of Justice has presented a draft bill that is intended to further improve the legal position of...

Read moreDetails

Public consultation on copyright reform

copyright
7. November 2022

The Federal Ministry of Justice and for Consumer Protection (BMJV) is conducting a public consultation on the implementation of the...

Read moreDetails

Online flight booking and baggage costs

Contracts in IT law – everything always in writing
7. November 2022

In the flight costs, which use e.g. Billigairlines in complicated way, must, according to the consumer center also the costs...

Read moreDetails

BFH, copyright warnings and VAT

ECJ: Advocate General assesses sampling as copyright infringement
13. May 2019

A judgment of the Federal Finance Court has been in place since 2016, which seems to be unknown to many...

Read moreDetails

Data protection: UK soon to be an insecure third country?

LG Munich: Data protection consent on dating platform
7. November 2022

Brexit is likely to keep lawyers, authorities and courts busy for a long time to come. Just recently in this...

Read moreDetails
e1b22941 8541 4953 98a5 7858790f09a7 20191530

Protective letter

29. March 2025

Definition and purpose of the protective writ The protective writ is a preventive, written means of defense that potential defendants...

Read moreDetails
drafting contracts for saas companies tips from an it law expert

Software-as-a-Service contract (SaaS contract)

11. April 2025
Declaratory action

Declaratory action

28. June 2023
Kapitalerhöhung

Capital increase

27. June 2023
Federal Ministry of Justice and Consumer Protection (BMJV)

Federal Ministry of Justice and Consumer Protection (BMJV)

1. July 2023

Podcast Folgen

7c0b449a651fe0b81e5eec2e23515012 2

Copyright in the digital age

15. January 2025

This insightful 20-minute podcast episode by and with me explores the complex topic of copyright in the digital age. The...

Legal challenges in the gaming universe: A guide for developers, esports professionals and gamers

What will 2025 bring for start-ups in legal terms? Opportunities? Risks?

24. January 2025

In this exciting episode of the itmedialaw podcast, we take a deep dive into the legal developments that will shape...

8315f1ef298eb54dfeed2f5e55c8b9da 1

First test episode of the ITMediaLaw Podcast

26. August 2024

First test episodeDear readers, I am delighted to present the first test run of our brand new IT Media Law...

247f58c28882e230e982fa3a32d34dea

Digital sovereignty: Europe’s path to a self-determined digital future

8. December 2024

In this exciting episode of the itmedialaw.com podcast, we take a deep dive into the highly topical subject of digital...

  • 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?

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