The trial, initiated by Volkswagen, concerned 22 ID.6 CROZZ cars that were imported into Germany without the company’s consent. The court considered that the parallel import mechanism should not operate in the country due to violation of the rules for the use of trademarks.
When making its decision, the court primarily took into account the laws relating to the registration of trademarks. The Court found that the vehicles were not lawfully placed on the European Economic Area market and the “principle of exhaustion” cannot be applied in this case.
At the same time, the copyright holder’s demand for the destruction of vehicles was satisfied, since “the removal of trademarks was recognized as practically impossible.” 22 Volkswagen ID.6 Crozz battery crossovers will be pressed.
As Auto Motor und Sport notes, this precedent shows that parallel imports of cars from third countries can entail legal risks for sellers of such equipment.
In this case, the decisive factor is not only technical approval or customs clearance, but also the manufacturer’s consent to place the car on the EEC market.
The Volkswagen ID.6 is a large electric crossover. Its modifications are ID.6 Crozz and ID.6 X: depending on the version, the assembly location and design differ, but the technical content is the same.
The most spacious electric cars of the German brand are produced by two factories in China, but neither the ID.6 Crozz nor the ID.6 X are officially presented on the European market.
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