Liability, penalties and risks: Therefore you should perform CE marking correctly

Liability, penalties and risks: Therefore you should perform CE marking correctly

  • Do not expose yourself to the risk of repair or traffic bans.
  • Avoid the risk of regulatory fines of up to €25,000.
  • Prevent civil claims from damaged buyers.
  • If they do not run the risk of being warned by competitors for unlawful conduct.
Frequently asked questions

Q&A

When can authorities demand repair or impose a traffic ban?

If there is a suspicion that the nature of a product is not in accordance with current Community law (directives, etc.), authorities may intervene. Authorities may require you to repair your product, but they may even impose a traffic ban. These rights of interference are governed by national laws, which in Germany are the Product Safety Act. The CE marking is monitored by national authorities such as border authorities and trade supervision.

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How high can the fines from authorities be?

Fines of up to € 25,000 may also be imposed in Germany.

Welche zivilrechtlichen Ansprüche von geschädigten Käufern können entstehen?

Civil law claims, that is, claims of a damaged buyer may be added and may be even significantly higher than the fines that can be imposed by authorities. The product liability law in Germany is decisive here. Executives can be held accountable (see examples from the diesel scandal such as the arrested board member of automotive manufacturers), defect warranty and liability. The costs for possible litigation such as court and lawyer’s fees can also be immense

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Can competitors sue for unlawful conduct in competition?

Civil claims of damaged buyers: Civil claims, so claims of a damaged buyer can be added and may be significantly higher. This includes things like product liability, responsibility of executives, warranty for defects and liability. Costs for possible litigation such as court and attorney fees can be immense.

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Was sollte ich tun um mich vor Risiken und Haftung zu schützen?

As a manufacturer, importer, distributor or, in short, distributor, you must ensure that your product complies with the applicable requirements and carry out or have a conformity assessment carried out to prove this. What the conformity assessment procedure looks like for your product depends on the scope of which directives your product falls. In order not to be exposed to the risks of product liability, you should also consider the full information of the users of your products. You should attach these to your product in the form of instructions for use and operating instructions and ensure that complete safety information is described. Every year, around 30,000 fatal accidents in Germany result from insufficient instruction about safe handling of products. Over 40% of all product liability lawsuits are related to a lack of user instructions. This is also in their interest because studies after 15% of the guarantee costs are due to misunderstood user information.

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Talk to our experts now

Source:

[1] Wolfram Pichler, EU Conformity Assessment in archt project phases directly to the goal, The recipe book for designers, product managers and CE coordinators, 2018

[2] Hans-Joachim Hess & Tom Gördes, product liability in Germany and Europe, the practical handbook for entrepreneurs and executives - with case studies, samples and checklists, second new edited edition, 2019

[3] Michael Loerzer, Peter Buck, Andreas Schwabedissen, Legally compliant marketing of products. In 10 steps to the declaration of conformity, 2nd updated and extended edition, Beuth

[4] Jörg Ertelt, basic knowledge CE marking, CE marking in Europea and the rest of the world: Who does the CE marking concern?

[5] Wikipedia, European Economic Area, Aug. 2020, https://de.wikipedia.org/wiki/Europ%C3%A4ischer_Wirtschaftsraum