BGH judgment: ebay ratings may escalate | tagesschau.de

As of: 09/28/2022 4:11 p.m

Can a customer rate a retailer on ebay exaggeratedly or even exaggeratedly negatively? The Federal Court of Justice has now decided this in principle – and granted the buyer extensive rights.

By Klaus Hempel, ARD legal department

A customer had bought four metal clamps on ebay. He paid 19.26 euros for it. This included the shipping costs. These were 4.90 euros. After the customer had received the clamps, he wrote in a review: “Goods. Exorbitant shipping costs!!” The dealer felt disparaged and sued the customer. He wanted the review to be deleted. He referred to the general terms and conditions of ebay. There is a clause there that says, quote: “The ratings given by users must be factual and may not contain any abusive criticism.”

District Court upheld the lawsuit

According to the dealer, the assessment of the shipping costs as usury was completely exaggerated. The criticism is irrelevant. The dealer does not have to put up with this, according to Brunhilde Ackermann, the dealer’s lawyer.

Because the term ‘usury’ describes a business practice as dubious, even as immoral. And this is highly pejorative.

In the lower court, the district court of Weiden in der Oberpfalz, the dealer won the case. With his exaggerated rating, the customer caused damage to the retailer. Because the rating has the consequence that it becomes more difficult for him to conclude transactions on ebay.

Customer relies on the right to freedom of expression

The customer then appealed to the Federal Court of Justice. His lawyer Thomas Kofler believes that exaggerated ratings and comments should also be possible on ebay.

I believe that it is not possible to restrict this right to freedom of expression, even within the framework of general terms and conditions. Such statements, such legal terms, one may use. It is not acceptable to prevent a customer in any way from exercising this fundamental right.

The Federal Court of Justice has now followed this line of argument and, with its judgment, has basically clarified what type of reviews are permissible on ebay and where the limits are.

Limit only with abusive criticism

According to the BGH, the basic right to freedom of expression applies to all assessments. This fundamental right goes a long way. Exaggerated or unfair criticism is also allowed. The limit is only crossed when it comes to abusive criticism.

Abusive criticism is present when it is no longer about an objective discussion, but exclusively about defaming or degrading someone. However, this was not the case here, according to Rhona Fetzer, presiding judge of the 8th civil senate.

With the rating “Shipping costs exorbitant!!” defamation of the plaintiff is not in the foreground. Because the defendant is – albeit in a sharp and possibly even exaggerated form – critical of a part of the delivery, namely the cost share of the delivery.

According to the BGH, a customer does not have to write a reason for his evaluation.

The fundamental judgment is important for all ebay users, regardless of whether they buy or sell something there: customers have the right to criticize harshly. Retailers therefore have to put up with exaggerated, exaggerated reviews on ebay, even if they feel this is unfair. However, if a customer is only concerned with making his contractual partner despicable and pillorying him, then he is acting illegally.

File number: VIII ZR 319/20

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