A court awarded a man in Brazil the equivalent of almost 1,000 euros because Apple didn’t supply him with a power adapter. That’s what the company does by default. TECHBOOK clarifies whether it is also worth suing in Germany.
An incomplete delivery is usually not a big problem. As soon as you have found that a part is missing, it should be reported to the seller and then delivered promptly. The case has been different at Apple since 2020: since then, the group has deliberately no longer supplied its iPhones with a power supply unit or headphones – according to Apple, for the sake of the environment. An iPhone buyer from Goiânia in Brazil was not satisfied with that and complained. So far, so usual. The story now has an exciting twist and Apple could find it expensive.
1000 euros for buyers in Brazil due to missing power supply
The buyer did not agree to having to buy an additional power supply. The Brazilian web portal “TecMundo“. The man sued – and was right. According to the verdict, he is entitled to 5,000 real, i.e. the equivalent of around 1,000 euros in damages.
The group apparently gave the reason for the verdict itself. Already in 2020, when Apple justified keeping its accessories – TECHBOOK reported extensively at the time. Accordingly, iPhone buyers are mostly repeat offenders and should therefore already have a power supply unit. The decision was made primarily for reasons of environmental protection.
Court accuses Apple of tie-in deals
A conscious, more economical use of resources may sound noble at first. At the same time, the group saves immense costs and thus secures significantly higher profits. The court in Goiânia sees one thing above all: a “tie-in transaction”. That means closing one deal, like in this case an iPhone purchase, requires closing a second: buying a separate power adapter. And that can apparently lead to conviction in Brazil.
Also interesting: Users complain about defective iPhone 11 displays – Apple reacts
Incidentally, it is no coincidence that the case happened in Brazil of all places. When the new delivery practice was introduced in 2020, the Brazilian consumer protection authority Procon-SP sentenced Apple to a hefty fine. Could you imagine something similar in Germany?
Is it worth filing a lawsuit in Germany?
The legal situation in Germany is of course somewhat different. TECHBOOK therefore asked the consumer advice center of Rhineland-Palatinate – and found out that we can save ourselves such a lawsuit.
Maximilian Heitkamper, head of the department for digital and consumer law, draws our attention to a change in the EU directive from 2014. Accordingly, a so-called Radio Equipment Act regulates that mobile phone accessories must be uniform and compatible. “Legally, Apple can do without the delivery of a power supply unit,” says the expert, “but it must also ensure that other working devices are commercially available.”
Suitable power supplies are sold by Apple itself or by various third-party suppliers. Thus, the above conditions are met and the business practice is legal. A lawsuit has little chance of success here.
Also interesting: How to charge iPhones – and how not
It can still be expensive for Apple
In Brazil, on the other hand, other iPhone buyers could succeed if they follow the lead of the Goiân plaintiff. And if each of them gets 1000 euros, then the claims for damages could soon add up to a tidy sum.