Photo by Brad Neathery on Unsplash
The Mannheim Regional Court (LG Mannheim, Beschluss v. 22.08.2019, Az. 23 O 46/19) recently issued an interim injunction against a watch and jewelry manufacturer.
This prohibits the latter from placing wristwatches on the market and / or having them placed on the market and / or offering them and / or having them offered in the course of trade for competitive purposes if the manufacturer of the devices is not registered with Stiftung EAR with the device type and / or brand registered.
In the event of non-compliance, a fine of up to € 250,000 or up to six months’ imprisonment may be imposed. The value in dispute was set at €30,000.
The decision is not final and was issued without an oral hearing. The defendant now has the legal remedy of an objection or clarification of the facts in the main proceedings.
The watch and jewelry manufacturer in question had not registered itself as a manufacturer or the watch brand it was selling with the EAR (stiftung elektro-altgeräte register). However, this registration obligation is provided for in Section 6 of the German Electrical and Electronic Equipment Act.
Wristwatches are also subject to the Electrical and Electronic Equipment Act
It should be noted that some retailers are apparently not yet aware that wristwatches are covered by the Electrical and Electronic Equipment Act, as the quartz movements often used are nothing more than small batteries. Furthermore, watches are explicitly mentioned in Annex 1 (No. 5) of the Electrical and Electronic Equipment Act as products to which the Electrical and Electronic Equipment Act applies.
Quartz-operated wristwatches for which the manufacturer or brand is not registered with the EAR Foundation are therefore simply not marketable.
In addition, non-registration in accordance with Section 45 of the Electrical and Electronic Equipment Act is even an administrative offense subject to fines. The competent supervisory authority is the Federal Environment Agency.
It can therefore quickly become expensive and unpleasant for manufacturers and providers to dismiss the registration requirement as an annoying formality that does not need to be taken so seriously.
(Disclosure: Our law firm represented the applicant).
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