In its judgement of 14 March 2023 (Case No. 11 U 20/22), the Frankfurt am Main Higher Regional Court dismissed the action brought by the Börsenverein des Deutschen Buchhandels (German Publishers and Booksellers Association) against eBay, the online marketplace represented by Raue, for alleged violation of the German Book Price Fixing Act. Accordingly, the online marketplace eBay is not subject to the German Book Price Fixing Act (BuchPrG) and was therefore allowed to offer a discount on books.
In January 2020, the association had obtained a temporary injunction against the online platform, which the Wiesbaden Regional Court overturned on formal grounds following an objection by eBay. Thereupon, the Börsenverein filed a lawsuit in order to obtain a fundamental decision in the matter.
The subject of the legal dispute is a “10 per cent advent discount” that eBay had advertised for its online marketplace in December 2019. Users could redeem the voucher, among other things, when buying price-linked books on the online marketplace.
According to the German Publishers and Booksellers Association, such a discount financed by third parties violates the fixed book price. The Wiesbaden Regional Court took a different view in its ruling in January 2022 and dismissed the action. In its decision, which has now been announced, the Frankfurt Higher Regional Court has confirmed the first-instance ruling and dismissed the Börsenverein’s appeal. The appeal was not admitted.
Raue provided comprehensive regulatory advice in the matter and represented eBay both in the preliminary injunction proceedings and in the main proceedings.
(15 March 2023)