According to Section 6 para. 1 sentence 1 no. 2 of the Product Safety Act, the manufacture, its authorised representative and the first-time importer must ensure that safety-relevant product information is affixed to the product.
The BGH ruling of 12 January 2017, file no.: I ZR 258/15 now also imposes stricter obligations on dealers, stipulating that they can also be held liable under competition law in the event in the event of incorrect product labelling.
BGH JUDGMENT: DEALER LIABLE FOR INCORRECT PRODUCT MARKING
Christoph Brellinger
Head of Marketing & Public Relations
Phone: +49 40 750687-0