As reported by Environmental Action Germany (DUH), the Koblenz Higher Regional Court (OLG) has ruled that a well-known discounter is obliged to take back used small electrical appliances free of charge (AZ 9 U 1090/24). DUH had previously established that the discounter had failed to fulfil this legal obligation and filed a lawsuit. The discounter argued in court that the take-back obligation for food retailers was unconstitutional, but failed in its attempt. The court emphasised that the statutory take-back obligation is covered by European law and does not violate the principle of equal treatment under the German constitution law. An appeal was not allowed; however, the discounter can file a complaint with the Federal Court of Justice against the denial of leave to appeal.
Consequences for sellers:
- Take-back obligation: Sellers with a sales area of at least 800 square metres in Germany who permanently sell electrical and electronic appliances must take back used small electrical appliances free of charge
- Legal action in the event of violations: Companies that do not comply with this obligation risk legal action and possible sanctions by environmental organisations or authorities.
Sellers from Germany should take their legal obligations seriously and implement appropriate take-back systems to prevent legal consequences.
The take-e-way consulting team will be happy to answer your questions on +49/40/750687-0 or consulting@take-e-way.de.
