The absence of CE marking on a product is an infringement of competition law. In its ruling handed down on 25 October 2017 (file no. 6 U 194/16), the Higher Regional Court of Cologne decided that the CE mark must be affixed to the product if the minimum size of 5 mm can be complied with. In the case in question, the item was a light fitting. The court held the failure to affix the CE mark to be a competitive edge. TMK points out that in addition to the area available for the CE mark, there are other criteria that do not require CE marking on the product. Please allow us to give you professional advice.
