Liable as an importer as an end consumer? What you need to know about the legal consequences

Liable as an importer as an end consumer? What you need to know about the legal consequences

According to a report from www.mdr.de,

A reader contacted us and asked to what extent he, as an end user, might have to pay for damage as an importer. We spoke about this with Ralf Reichertz, head of the consumer law department at the Thuringia Consumer Center. "If a product was purchased outside the EU, the importer can theoretically also be the end consumer. However, only if he passes the product on. That is, if he brings it into the so-called general area, the 'market', in Germany. This includes, for example, if he rents it, sells it or even borrows it," he says.

The legal basis for this is the Product Liability Act, Section 4 Paragraph 2. This can also be interpreted to suit the end consumer. It states: “A manufacturer is also deemed to be anyone who imports or moves a product into the area of ​​application of the Agreement on the European Economic Area for the purpose of sale, rental, hire-purchase or any other form of distribution with an economic purpose as part of his business activities.” The economic purpose does not necessarily have to be profitable, confirms Ralf Reichertz.

The problem, according to the lawyer, is that there is currently no case law, but there is a regulation that the importer can be held liable if he has bought a product directly from a dealer outside the EU and brought it onto the market.

The result is that the consumer may be liable, and of course we as consumer advice centers don't like that," says Ralf Reichertz. Finally, he advises to be particularly careful with products with batteries: "Think very carefully about whether you order a device with a battery from a dealer in China or somewhere else where you cannot be sure that it meets EU standards. Because shipping batteries is sensitive."

This legal regulation has the potential to have serious impacts on the market and consumers. In particular, end consumers who purchase products outside the EU and pass them on run the risk of being held liable in the event of damage. This could lead to increased caution when purchasing and importing products. Products with batteries could be particularly affected by this regulation, as the import of batteries that do not meet EU standards is sensitive.

Overall, it is important for consumers to understand the potential impact of the legal regulations and to be particularly careful when purchasing outside the EU so as not to accidentally fall into a liability trap.