responsibility finder
Schleswig-Holstein

File a complaint for violation of the provisions of the Geoblocking Regulation

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

When European customers are not allowed to purchase goods or services across borders by suppliers operating within the European Union (EU) single market, this is known as geo-blocking. The same is true if the goods or services are not offered on the same terms as to nationals.

For example, suppliers may offer their goods and services to different groups of customers or in different countries in different languages and at different prices and conditions, but if a customer from another EU country wants to order from the supplier's domestic website, he must be able to do so at the same prices and conditions as nationals.

According to the Geoblocking Regulation, discrimination against customers on the grounds of

  • place of residence,
  • place of establishment or
  • nationality

is not permitted.
Customers include consumers who

  • have the nationality of an EU country, or
  • have their residence in an EU country and

end-user companies that

  • are established in an EU country and
  • use services exclusively for end-use or
  • purchase goods for end-use.

The Geoblocking Regulation does not protect businesses that resell, transform, process, rent or subcontract goods or services.

There are also numerous exceptions. These relate both to certain types of services and to certain types of unequal treatment, for example under other statutory provisions.

In the event of a breach of the provisions of the Geoblocking Regulation, the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway (BNetzA) can issue orders or impose fines on German providers.

Against providers in other EU countries, the BNetzA can request the competent national authority of the EU country concerned to issue measures within the framework of the European CPC network.

CPC stands for "Consumer Protection Cooperation" and refers to a European network of authorities whose task is to enforce consumer rights.

You can submit a complaint about a violation of the Geoblocking Regulation online via the "Geoblocking complaint form" on the BNetzA website.


Process flow

Your complaint is submitted online via the "Geoblocking complaint form" on the website of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway (BNetzA).

  • Access the "Geoblocking complaint form" on the BNetzA website.
  • Fill in the complaint form online.
  • Click on "Submit" to send your complaint to the BNetzA.
  • You will receive an e-mail confirming that your complaint has been sent to the BNetzA.
  • After examining your complaint, the BNetzA will decide whether to admit or reject it.
  • The BNetzA will inform you of the outcome of your complaint by e-mail.

Requirements

none

Which documents are required?

none

What are the fees?

none

What deadlines do I have to pay attention to?

none

Processing duration
  • for acknowledgement of receipt of the appeal: immediately after receipt.
  • Decision on the admission or rejection of the complaint: usually 3 months.
  • Notification of the outcome of the appeal: usually 6 months

Legal basis
Appeal
  • Opposition
  • Administrative court action

Applications / forms
Author
Technically approved by

Federal Ministry for Economic Affairs and Energy (BMWi)

Process flow

Your complaint is submitted online via the "Geoblocking complaint form" on the website of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway (BNetzA).

  • Access the "Geoblocking complaint form" on the BNetzA website.
  • Fill in the complaint form online.
  • Click on "Submit" to send your complaint to the BNetzA.
  • You will receive an e-mail confirming that your complaint has been sent to the BNetzA.
  • After examining your complaint, the BNetzA will decide whether to admit or reject it.
  • The BNetzA will inform you of the outcome of your complaint by e-mail.

Requirements

none

Which documents are required?

none

What are the fees?

none

What deadlines do I have to pay attention to?

none

Processing duration

  • for acknowledgement of receipt of the appeal: immediately after receipt.
  • Decision on the admission or rejection of the complaint: usually 3 months.
  • Notification of the outcome of the appeal: usually 6 months

Legal basis

Appeal

  • Opposition
  • Administrative court action

Applications / forms

Author

Technically approved by

Federal Ministry for Economic Affairs and Energy (BMWi)

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