The LG Frankfurt, by order, 3.6.2009 Az: 0 81/09 3-08 decided that advertising with a CE exam and a CCC is anti-competitive examination. The case decided was the particular feature that details of the alleged test CE and CCC-examination in the online offering of the defendant were in direct relation to particular qualities of the advertised goods.
The decision I think is right:
The advertised by the defendant on your online service CE test is not there. The CE mark within the meaning of § 6 indicated GPSG is neither a security nor a particular quality of the product, but is a mere assertion of the manufacturer dar. The name of the product as a CE-approved suggests the advertiser, however, have an independent body, the Product Safety confirmed the product (LG Stendal, Judgement of 13.11.2008; Az: 31 O 50/08). In this way, consumers will be misled, as he says in such advertising that the product of its type and design as well as the method of preparation for a special, neutral testing a special quality management is subject to, and only such goods are sold to him, the one by a Third party audited and certified quality standards subject. It is therefore a breach of § 5, 5 a) IV UWG.
The same applies to the advertising of the property "CCC-tested". The CCC certification mark (CCC = China Compulsory Certification, mandatory certification in China) is a mandatory safety and quality for products in the Chinese market be distributed. Such a mark is neither relevant for the European market, nor are its requirements or its acquisition by third parties on the European market verifiable and / or understandable. However, suggested the defendant by the advertising claim "CCC-approved", that of their European customers at the goods distributed a special, for the European market applicable certification procedures apply, and grant them certification and a special quality and quality in line with European requirements by a neutral third party sites is confirmed.
Such an advertisement is created in both cases, a likelihood of confusion with the European GS-Mark, that is actually tailored to meet the European market and awarded by a neutral third after a test procedure.
