GERMANY Law and Practice Contributed by: Michael Molitoris, Tanja Hütt, Maike Dickmann and Simon Marchlewski, SZA Schilling, Zutt & Anschütz
1. Product Safety 1.1 Product Safety Legal Framework General Product Safety Regulation (EU) 2023/988 The General Product Safety Regulation (EU) 2023/988 (the “GPSR” ) has applied in Germa - ny (as in all other EU member states) since 13 December 2024. The GPSR constitutes “gen- eral” product safety law that regulates safety requirements for products as well as obligations of economic operators (with regards to potential safety risks) and market surveillance. The GPSR is designed to protect consumers from unsafe products and applies to products which are: • intended for consumers; or • likely to be used by consumers under reason - ably foreseeable conditions. In light of the purpose of consumer protection this condition for applicability should be inter - preted broadly. The GPSR also covers so-called migration products, which are designed exclu - sively for professional use but have subsequent - ly made their way into the consumer market. It also covers products that are supplied or made available to consumers in the context of the pro - vision of services. The GPSR contains particular exceptions for medicinal products, food, feed, living plants and animals, some types of aircraft, antiques and equipment on which consumers ride or travel where that equipment is directly operated by a service provider and not by the consumers themselves (ie, public buses, trains, airplanes). The reason for the latter is that the service will be the main focus when transporting people and any risks associated with the means of transport
were minimised by having it operated by profes - sionals. Where products are subject to specific safety requirements imposed by EU law, the GPSR only applies generally to those aspects and risks which are not covered by the provisions of the specific EU legislation. Product Safety Act The German Product Safety Act ( Produktsicher- heitsgesetz or the “ProdSG” ) continues to oper - ate alongside the GPSR. The two laws overlap to a large extent. The ProdSG was therefore sup - posed to be fundamentally revised and trans - formed into an implementing law for the GPSR before the GPSR came into force. However, the legislative process could not be completed before the end of the previous parliamentary term in December 2024. It remains to be seen when and in what form the newly formed Ger- man Federal Parliament will resume work on the legislation. Until then the GPSR as EU law takes precedence over the German ProdSG in the event of conflict - ing provisions. Specific Safety Requirements In addition to the general provisions of the GPSR and the ProdSG, a number of specific laws apply in Germany for certain products, which are based on the respective EU law. These include the: • Food and Feed Code ( Lebensmittel -, Bedarf- sgegenstände und Futtermittelgesetzbuch or the “LFBG” ) • Medical Devices Law ( Gesetz über Medizin- produkte or the “MPG” ) • Electromagnetic Compatibility Act ( Elektro- magnetische-Verträglichkeit-Gesetz or the “EMVG” )
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