In its ruling from July 23, 2024 (Case No. 84 O 124/23), the District Court of Cologne addressed the legal obligation of retailers to accept old electronic devices under specific conditions free of charge. The court focused on the take-back obligation under the German Electrical and Electronic Equipment Act (ElektroG) and whether a retailer’s refusal to accept old electronic devices constituted a violation of these statutory requirements.
Facts of the Case
The plaintiff, an environmental and consumer protection association, filed a lawsuit against a retail chain that, in addition to food products, also offered electronic and electrical devices for sale. A test buyer from the plaintiff’s organization attempted to return three old electronic devices—a mixer, a charging cable, and an electric razor—all of which were smaller than 25 cm. However, the cashier refused to accept the devices, stating that only containers for paper, plastic, and cardboard were available.
The plaintiff considered this a violation of § 17 (1) No. 2 ElektroG, which obliges retailers with a sales area of more than 800 m² to accept old electronic devices up to a size of 25 cm free of charge without requiring the purchase of a new product. The plaintiff issued a warning notice to the defendant and demanded a cease-and-desist declaration, which the defendant refused.
Legal Analysis
Take-Back Obligation under the ElektroG
The ElektroG (§ 17 (1) No. 2) obliges retailers with a sales area of at least 800 m² to accept old electronic devices free of charge, provided their size does not exceed 25 cm. The number is limited to three devices per type. The take-back obligation cannot be tied to the purchase of a new product. This regulation serves consumer protection and fulfills European law requirements for the disposal of electronic devices.
Court’s Assessment
The District Court of Cologne found that the defendant’s store had violated its statutory obligations. The plaintiff’s witness confirmed that he had been denied the opportunity to return the devices. The cashier, when questioned, could no longer recall the exact sequence of events and stated that she was not aware of the obligation to accept old devices.
The court ruled that the defendant violated § 17 (1) No. 2 ElektroG, as the take-back obligation was not only legally required but also indicated on a sign in the store. The cashier’s refusal to accept the devices, despite visible instructions to the contrary, constituted a clear breach of the law.
Relevance under Competition Law
The court also determined that § 17 (1) No. 2 ElektroG constitutes a market conduct regulation within the meaning of § 3a of the German Unfair Competition Act (UWG). Refusing to accept devices violated this provision, leading to unfair competition, as the law is based on the European Directive 2012/19/EU. The court held that such a violation has a significant impact on competition.
Outcome
The court ordered the defendant to cease this practice and to pay the plaintiff’s legal costs. Furthermore, the court threatened a fine of up to €250,000 or imprisonment for the managing director in case of repeated violations. Additionally, it is important to note that competitors and consumer protection associations can issue warning notices and impose financial penalties in case of such violations.
Conclusion
The ruling of the District Court of Cologne highlights that large retailers are legally obliged to accept certain types of old electronic devices free of charge. Compliance with these take-back obligations is not only crucial for environmental protection but also essential in maintaining fair competition. Retailers should ensure that their employees are well-informed about these requirements to avoid legal consequences.
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