The German Court confirmed their positive decision in respect of free inner community trade

Recently a German court has for the second time in two years sided with a consumer who sued for the right to install and legally use aftermarket carbon-fiber wheels on his motorcycle. The Southern German state of Baden-Württemberg denied the consumer an operating license due to the installation of Dymag aftermarket wheels, which have already been legally placed on the market in the UK and the Netherlands for a number of years without any problems, as well as being used for Motorsport.

The German court based their decision on newly enhanced European mutual recognition and free inner community trade regulations, which regulate and limit the ability of European countries to ban products which have already been legally placed and used in other European markets. The only exception where either a ban or other requirements can be justified, is where local authorities can prove a safety concern.

In the court case, the judges noted that the local authorities could not justify their denial of an operating licence to the consumer stating in their judgement: “The long-lasting, unproblematic and accident-free use in Great Britain and the Netherlands in public road traffic and at international motorcycle racing makes such proof unlikely.”

The judgment clearly shows that Member states must follow mutual recognition and free inner community trade regulations and procedures – national measures and restrictions having to be based on proven safety concerns and not on assumptions.

We are very hopeful that this German ruling will be useful for our work in respect of free inner community trade and mutual recognition.