Anyone selling energy storage systems for balcony power plants in Germany must ensure that the storage units are correctly registered with the EAR Foundation. Failure to do so can lead to reprimands, sales bans and injunction procedures. A recent case before the Düsseldorf Regional Court shows how quickly this can happen: one retailer sold a solar storage system with a lithium-ion battery on Amazon without verifiable brand registration. Following an unsuccessful warning, a competitor obtained a temporary injunction at short notice. Ultimately, further sales were prohibited under threat of substantial administrative fines.
Under the BattDG and EU Battery Regulation, retailers are now under even greater pressure to check, before selling, whether all batteries and storage systems are registered within the correct category. Particular caution is advised with imported products, as retailers may be deemed to be the producers themselves in such cases.
Do you have questions about your registration obligations? take-e-way will be happy to help!
