Lautlicht GmbH from Regensburg has its lawyer issued warnings against eBay dealers under competition law
The Lautlicht GmbH from Regensburg lets through her lawyer Competition warnings against eBay dealers pronounce.
Content of the warning:
Lautlicht GmbH accuses eBay dealers of acting in an anticompetitive manner by providing false information in eBay offers. According to the warning, Lautlicht GmbH sells, among other things, respiratory masks to a not inconsiderable extent. Competitors on eBay who also offer respiratory masks for sale would use the Marking “FFP2” apply. In fact, there is never one among the masks offered by the warned eBay dealer necessary type examination have been carried out. However, this is required for FFP2 masks according to the PPE regulation 2016/425. The lack of the type examination is also visible on the product images, since a four-digit identification number is usually attached next to the CE mark. The masks offered by the admonished would not have such an identification number. Thus, the warned eBay dealer did not meet the requirements of the PPE regulation for lawfully placing the masks on the market. The admonished also have one CE mark attached to a KN95 mask. However, such a KN95 mask must not bear the “CE” mark, as it does not meet the European protection class FFP2. The person warned had violated §§ 3 I, 3a, 5 UWG with his behavior.
Claims from the warning:
The warned eBay dealer should be one Penal declaration of cease and desist sign. He should also Legal fees totaling 1,491.07 euros after a Value in dispute of 20,000 euros reimburse.
What can you do if you have received a warning?
If you are affected by a warning, please remain calm and do not provide any light-hearted information. Do not contact, sign or pay. First of all, it should be checked whether there is an obligation at all. If you are also affected by a warning, please let us advise you and contact us by email or fax, enclosing the warning.