The Federal Court of Justice (BGH) wants to announce on Thursday (8.30 a.m.) the form in which Internet retailers must provide information about manufacturer guarantees. It is likely to be decisive whether the entrepreneur makes the manufacturer’s guarantee a central or even a decisive feature of his offer. This is what emerged at the end of September during a hearing in Karlsruhe over a legal dispute over a pocket knife. In this case, the dealers will probably not have to provide comprehensive information about the manufacturer’s guarantee. The first civil senate at the BGH will probably follow a ruling by the European Court of Justice (ECJ). (Az. I ZR 241/19)
At the request of the Federal Court of Justice a few months ago, the latter had decided that there is only an obligation to provide information if customers have a legitimate interest in receiving information about the manufacturer’s guarantee from the company in order to make their decision about concluding a contract (Az. C-179/21). This is particularly the case when the manufacturer’s guarantee is a key sales or advertising argument.
For the specific facts of the case, the ECJ found that this was not the case here – the guarantee was only mentioned in passing in the company’s offer. In that case, a seller of Swiss Army knives sued a competitor because he believed their warranty information was inadequate. The dealer had linked to the manufacturer’s product information without giving any more detailed information about the guarantee contained therein. In 2018, the plaintiff lost his claim for injunctive relief before the Bochum Regional Court and won in the appeal before the Hamm Higher Regional Court a year later.