Placing on the market

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Placing on the market is a frequently used legal term with a legal definition that is sometimes very different depending on the regulatory area and often deviates from the general usage .


In German law, placing on the market means in particular

  • according to § 2 No. 15 Product Safety Act (ProdSG) the first time a product is available on the market.
  • according to § 3 sentence 1 no. 9 of the Chemicals Act (ChemG), the supply to third parties or the provision for third parties; bringing it to Germany is considered placing on the market. According to sentence 2, the definitions of the EU chemicals law implemented by the ChemG shall apply unaffected: While Regulation (EC) No. 1907/2006 defines it in the same way (including import into the EU), Regulation (EU) No. 517/2014 understands over fluorinated greenhouse gases including “first delivery or provision to third parties in the Union or own use ... by a manufacturer”.
  • in accordance with Section 4 (17 ) of the German Medicines Act (AMG), keeping in stock for sale or other distribution, keeping for sale, offering for sale and distribution to others .
  • in accordance with Section 3 No. 11 of the Medical Devices Act (MPG), any transfer of medical devices to others, whether against payment or free of charge.
  • according to Section 3 No. 1 of the Food and Feed Code (LFGB), the holding of food or feed for sales purposes, including offering for sale or any other form of transfer, regardless of whether free of charge or not, as well as the sale, distribution or other forms of Transfer itself (see also Art. 3 No. 8 of Regulation (EC) No. 178/2002).
  • according to § 7 para. 2 no. 18 of the Federal Nature Conservation Act, offering, keeping in stock for handing over, holding for sale and every handing over to others.
  • According to the prevailing opinion on Section 1, Paragraph 2, No. 1 of the Product Liability Act (ProdHaftG), “the final, voluntary release of the product from the manufacturer's sphere of influence and organization”. According to the case law of the European Court of Justice , it is sufficient for placing on the market within the framework of Art. 7 lit. a of Directive 85/374 / EEC on which the law is based, however, "that the manufacturing process of the product is completed according to the manufacturer's wishes."

About the meaning in

Placing on the market is particularly important in Austrian law

  • an offense according to § 6 PHG .
  • a constituent element according to § 5 AeroPVO .

In European law :

Trademark law

In trademark law , the placing on the market causes the exhaustion of trademark law. In 1998, the ECJ made it clear in its judgment in the Silhouette case that the Trademark Directive is based on the principle of Community-wide or EEA- wide exhaustion. If the branded goods are placed on the market outside the EEA by the brand owner or with his consent, this does not exhaust his industrial property rights within the EEA. The trademark owner can oppose the import of the protected products into the EEA and prevent parallel imports.

Web links

Wiktionary: Placing on the market  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. Art. 3 no. 12 REACH-VO, Art. 2 No. 10 F-Gas Regulation
  2. Gerhard Wagner, in: Munich Commentary on the BGB , 6th edition 2013, § 1 ProdHaftG Rn. 24.
  3. ^ ECJ, judgment of the judgment of May 10, 2001 - Case C-203/99, Henning Veedfald ./. Aarhus commune .
  4. Gerhard Wagner, in: Munich Commentary on the BGB , 6th edition 2013, § 1 ProdHaftG Rn. 26th
  5. ECJ judgment of July 16, 1998 , Az. C-355/96, full text - Silhouette.