The German association Verein Lauterer Wettbewerb e.V. is currently issuing warning notices for failure to register under the ElektroG. Retailers of electrical appliances are especially affected when they do not comply with the legal registration requirements. Registration with the EAR Foundation is mandatory for all electrical appliances sold in Germany; this also applies to specific types of lamps (particularly gas-discharge lamps) and other products. Violations may trigger both regulatory repercussions and competition law consequences. Penalty notices are currently being issued with claims starting from 357 euros.
Penalty notices are issued rapidly
The EAR register is publicly accessible. This makes it very easy for competitors and enforcement groups to check whether a registration exists or not. If an entry is missing, this is quickly noticed and can therefore lead directly to sanction notices.
The following are currently particularly affected:
- Retailers of electrical appliances
- Sellers of lamps and gas discharge lamps
- Companies offering electrical appliances online
In e-commerce in particular, retailers should regularly check whether all products on offer are properly registered.
ElektroG compliance is becoming increasingly important for retailers
As missing registrations can also be directly interpreted as a breach of the Unfair Competition Act, the risk of costly legal proceedings increases significantly. For retailers and prodcuers, full Electrical and Electronic Equipment Act (ElektroG) compliance is therefore increasingly becoming a decisive factor in avoiding penalties whilst maintaining their competitiveness.
If you have any questions about the WEEE or ElektroG registration, the take-e-way consulting team is happy to assist you at 040/750687-0 or at consulting@take-e-way.de.
