Consumer as importer: Liability for damage from products outside the EU

Consumer as importer: Liability for damage from products outside the EU

According to a report from www.mdr.de, Ralf Reichertz, head of the consumer law department at the Thuringia Consumer Center, pointed out that end consumers who purchase products outside the EU and bring them into the German market can theoretically be considered importers. This means that they can be held liable in the event of damage, for example due to a defective product. The legal basis for this is the Product Liability Act, Section 4 Paragraph 2, which can also be applied to the end consumer. According to Reichertz, the problem is that there is currently no case law on this topic. This means that an end consumer who purchases a product directly from a retailer outside the EU and places it on the market may be held liable for damages, even though this would not be in the interests of consumer advice centers.

The potential impact of this situation could lead to uncertainty among consumers who may become hesitant to purchase products from abroad as a result of this regulation. In particular, for products with batteries that may not meet EU standards, this could lead to consumers not purchasing such products. This, in turn, could have an impact on the market, particularly on online trading and the import of goods from countries outside the EU.

It is therefore important that consumers carefully check whether products meet EU standards and are particularly careful when ordering devices with batteries from abroad. This information could help empower consumers to make informed decisions and minimize the risk of liability claims. This case highlights the importance of consumer law and shows the potential impact on the market and consumers.