Court confirms: using the "CE-tested" label for advertising is misleading

CE mark is not a quality mark

18-Feb-2009

On 13 November 2008, Landgericht Stendal (Stendal Regional Court) ruled that advertising using the "CE-tested" label was misleading (Ruling 31 O 50/08), following the opinion expressed by the Wettbewerbszentrale (Centre for Protection against Unfair Competition). The Wettbewerbszentrale had taken legal action to stop a company from using the "CE-tested" label to advertise work gloves on the grounds that such advertising was misleading.

We at BG-PRÜFZERT have long pointed out that CE marking is not a certification mark or promotional mark because, in accordance with legislation, CE marking is obligatory for all products that fall under a European directive requiring such marking.

The Landgericht Stendal court expressed the same view in the reasons it gave for its ruling:

"The CE mark is a declaration by the manufacturer to confirm that the product conforms to current European directives. The CE mark is not a quality mark but rather a type of 'merchandise pass'. It signalises neither a special level of safety nor a particular quality of the product, rather it is simply a claim made by the manufacturer."

Links:

• Information on the ruling on the Wettbewerbszentrale site
• What does "CE-tested" mean?