The CE marking is a mandatory self-declaration by the manufacturer or distributor of the conformity of his products for certain product types in the EU. It is a prerequisite for the marketability of the goods concerned. However, because the CE marking is legally binding, its advertising emphasis as misleading advertising with self-evident facts is always inadmissible. Current warnings show that many dealers still fall into the “CE trap”.
I. Advertising with “CE” is always prohibited
The CE marking is a signal element that is required by law for a number of product groups (batteries, electrical devices, toys, medical products, machines, construction products and others) according to § 7 ProdSG, which expresses compliance with the existing legal requirements for safety, health protection and environmental protection should.
Without the mandatory CE marking, the affected products are not marketable, i.e. they may not be traded on the domestic market.
As a legally binding obligation, the CE marking does not represent an official certification and is not the result of an independent test, but is rather a self-declaration by the EU manufacturer, distributor or authorized representative that their products meet the relevant EU legal requirements.
Because this self-declaration in the form of the CE marking is legally binding for the affected product groups, manufacturers or dealers are not allowed to advertise them as a special feature.
Otherwise, they deceive consumers about the quality and value of the products by elevating a legal matter of course to an alleged qualitative specialty.
Wordings such as “CE-tested” or “CE-certified” are therefore considered to be misleading advertising that is taken for granted § 5 para. 1 sentence 2 no. 3 UWG anti-competitive and subject to warning.
The IT-Recht Kanzlei provides further information on the CE marking and misleading advertising with the mark in this guide.
II. New warnings in circulation
Due to the competition law evidence, misleading CE advertising has always been a popular target for warnings. For the warning party, the assertion of claims for injunctive relief in this regard is usually a matter of course, against which the person who has been warned can hardly defend himself legally.
However, the latest cases seem to show that misleading advertising with a CE certification is increasingly becoming the focus of warnings.
Probably due to the easy uncoverability through algorithmic search functions, appearances on trading platforms in particular are a target.
For example, the IT law firm has received a current warning from a competition association, which reprimands an eBay product description with the attribute “CE-tested” and requests reimbursement of warning costs and the submission of a cease-and-desist declaration with the CE marking advertise.
III. Conclusion
Emphasizing a CE mark in advertising is taboo. Anyone who makes statements such as “CE tested” or “CE certified” emphasizes a legal matter of course for a supposed special service and thus misleads about the quality and safety of the product.
Because the CE marking for affected product groups is a legal requirement for marketability, it may not be advertised as a special feature of the same.
Ergo: the term “CE” may not be used in any form of advertising.
Tipp: Do you have any questions about the contribution? Feel free to discuss this with us in the
Entrepreneur group of the IT law firm on Facebook.