Document type
Court Decision
Country
(1) The plaintiff bought gold on eBay from a seller who had the status of a Power Seller. The Power Seller status is awarded by eBay to sellers who achieve a certain sales volume and who have high ratings. The status therefore improves the credibility of the seller. In this case the seller sold gold which he never delivered. He has been convicted of fraud in 113 similar cases.
(2) The Court ruled that eBay was obliged to block the seller who has infringed on eBay's own terms of service. Failing to do so resulted in direct liability for the damage which the buyers, who trusted the credibility of a Power Seller, suffered.
Country
Year
2010
Topic, claim, or defense
E-Commerce
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
Marketplace
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Account Termination
Type of law
Civil
General effect on immunity
Weakens Immunity