BGH clarifies the obligation to provide information on manufacturer guarantees in online retail


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In this specific case, a seller of Swiss army knives had sued a competitor because he considered his information about the guarantee to be insufficient.


(Photo: dpa)

Karlsruhe According to a ruling by the Federal Court of Justice (BGH), internet retailers only have to provide information about manufacturer guarantees if they are relevant to the customer’s purchase decision. That is the case if the guarantee is an essential feature of the offer, the first civil senate decided on Thursday in Karlsruhe (Az. I ZR 241/19). The judges followed a ruling by the European Court of Justice (ECJ).

In this specific case, a seller of Swiss army knives had sued a competitor because he considered his information about the guarantee to be insufficient. The dealer had linked to the manufacturer’s product information without giving any more detailed information about the guarantee contained therein. In 2018, the plaintiff lost with the demand for injunctive relief before the Bochum Regional Court and won in the appeal before the Hamm Higher Regional Court a year later. The BGH has now restored the judgment of the district court.

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