Legal Affairs / Sales

Judgments on re-imports

  • OLG Hamm 09.06.2016 and 02.08.2016 (28 U 66/16): No duty to disclose and no defect established for used cars that are reimports
  • EuGH 09.11.2016 (C-149/15, NJW 2017, 874): Commercial car broker to be deemed a seller if the purchaser was unaware of the transaction being a private sale
  • OLG Köln 23.06.2014 (19 U 3/14): The fact that the vehicle was originally manufactured in Belgium and was reimported to Germany from Belgium does not constitute a property directly attached to the vehicle, meaning no defect established and no legal grounds to rescind contract
  • OLG Düsseldorf 04.12.2013 (I-3 U 8/13): Seller not obliged to disclose warranty intervals, including for reimports only accompanied by a service booklet in a foreign language
  • LG Berlin 05.11.2012 (28 O 220/12): Different commencement date of a warranty period not held deceptive conduct
  • LG Kiel 17.02.2012 (12 O 277/11): No defect established and purchaser not entitled to rescind contract if status of the purchased passenger vehicle as a so-called EU-reimport was not disclosed to purchaser
  • Kammergericht 29.08.2011 (20 U 130/11): The characteristic of being a reimport is not a property directly attached to the vehicle, consequently no defect established and no legal basis to rescind contract
  • LG Berlin 09.05.2011 (28 O 41/11): The fact that the vehicle was originally manufactured in Denmark and was reimported from Denmark to Germany and sold there with only a service booklet in Danish does not constitute a property directly attached to the vehicle, meaning no defect established and no legal grounds to rescind contract
  • BGH 13.04.2011 (VIII ZR 220/10): Place of performance may - depending on the case-by-case circumstances, reasonableness, etc. - be at the location of the dealership
  • LG Karlsruhe 30.07.2010 (5 O 97/10): Lacking ESP is held a significant defect (purchaser was unaware that ESP is not standard equipment in the reimported model, contrary to the German model)
  • BGH 10.03.2010 (VIII ZR 310/08): Purchaser must make the vehicle available to the seller for inspection, otherwise all claims for physical defects lapse; mere request to rectify defect not sufficient
  • OLG Koblenz 16.04.2009 (6 U 574/08): Disclosure of one-day registration does not waive the obligation to deliver a factory-new vehicle in accordance with the NWVB
  • LG Bielefeld 09.12.2008 (5 O 381/07): No duty to disclose included or mandatory optional equipment (alarm system)
  • OLG Jena 23.10.2008 (1 U 118/08): No duty to disclose that a (expensive) passenger car is a reimport fitted with equipment options different from the German model
  • OLG Celle 11.06.2008 (7 U 226/07): A reimported EU-vehicle in as new condition with 100 km mileage at the time of the purchase is in any case held defective if more than 18 months (in this case 22 months) have lapsed between the manufacturing date and the date of the vehicle's first registration in Germany.
  • OLG Stuttgart 26.03.2008 (3 U 93/07): No direct claim against the domestic manufacturer if vehicle purchased in a foreign country
  • LG Amberg 16.10.2007 (11 O 128/07): Dealer not obliged to disclose insignificantly shorter manufacturer warranty period for reimported vehicle due to registration in a foreign country
  • OLG Naumburg 07.12.2005 (6 U 24/05): Failure to disclose the status of a used vehicle as a reimport held to be deceitful, purchaser entitled to rescind contract
  • AG Saarbrücken 28.10.2003 (5 C 713/03): Sale of a vehicle with one-day registration and no prior street use as a new vehicle held held permissible
  • BGH 15.10.2003 (VIII ZR 227/02) i.c.w. BGH 18.06.1980 (VIII ZR 185/79): A motor vehicle that has never been used is deemed "factory new" if and for as long as the vehicle model is being produced without changes, if it is free from defects caused by an extended idle period, if not more than 12 months have lapsed between the manufacturing of the vehicle and the purchase agreement and if no significant defects have occurred after its manufacturing, even if such defects were rectified prior to delivery to the purchaser
  • OLG Düsseldorf 30.08.2001 (6 U 3/01): Delimitation between purchase and brokerage in the case of a contract on the properties of a reimported vehicle (purchase affirmed)
  • LG Verden 27.06.2000 (4 O 161/00): No duty to disclose reimportation of a vehicle
  • o OLG Schleswig 21.07.1999 (9 U 101/98): The fact that the vehicle was originally manufactured in Belgium and was reimported to Germany from Belgium does not constitute a property directly attached to the vehicle, meaning no defect established and no legal grounds to rescind contract
  • o OLG Saarbrücken 30.03.1999 (4 U 632-98-141): Deceptive conduct by a dealership that has failed to disclose that the sold vehicle (used vehicle) was reimported from a foreign country, especially when the presentation of the dealer's business gives no indication for the business trading in reimported vehicles
  • o BGH 20.02.1986 (I ZR 149/83): On the question of deceitful conduct with regard to reimported vehicles being deemed new vehicles if they were registered in a foreign country but have not yet been used on public roads