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."
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