Law On The Price Fixing For Books

Original Language Title: Gesetz über die Preisbindung für Bücher

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Book Price Binding Act (Book Price Binding Act)

Non-official table of contents

BuchPrG

Date of issue: 02.09.2002

Full quote:

" Book Price Binding Act of 2. September 2002 (BGBl. 3448), as last amended by Article 1 of the Law of 14. July 2006 (BGBl. I p. 1530) "

:Last modified by Art. 1 G v. 14.7.2006 I 1530

For details see the menu under Notes

Footnote

(+ + + Text evidence from: 1.10.2002 + + +)

The G was referred to as Article 1 (d). G v. 2.9.2002 I 3448 of the Bundestag. It's gem. Article 3 of this G mWv 1.10.2002 entered into force. Non-official table of contents

§ 1 Purpose of the law

The law is used to protect the cultural good book. The fixing of binding prices for sale to the latter ensures the maintenance of a wide range of books. The law also ensures that this offer is accessible to a broad public by promoting the existence of a large number of sales outlets. Non-official table of contents

§ 2 Scope

(1) Books within the meaning of this law are also
1.
Music node,
2.
cartographic products,
3.
Products that are books, music nodes, or cartographic products to reproduce or substitute and, in the event of an appreciation of the total circumstances, to be regarded as predominantly lax-or book-tradable, as well as
4.
combined objects,
() Foreign-language books are subject to this Act only if they are mainly intended for sales in Germany.(3) In the sense of this law, the latter shall be the person who acquires books for purposes other than resale. Non-official table of contents

§ 3 Price binding

If you are selling books to the final customer on a commercial or business basis, the price fixed in accordance with § 5 must be: . This does not apply to the sale of used books. Non-official table of contents

§ 4 Cross-border sales

(1) The price binding does not apply to cross-border sales within the European Economic Area.(2) The final price fixed in accordance with Article 5 shall apply to cross-border sales of books within the European Economic Area if it appears from objective circumstances that the books in question are solely for the purpose of their re-entry into the European Economic Area. have been executed to circumvent this law. Non-official table of contents

§ 5 Prize-fixing

(1) Who publishes or imports books, is obliged to pay a price including VAT (final price) for the publication of a book for sale to the latter, and to be published in a suitable manner. The same applies to changes in the final price.(2) In order to fix the final price, those who import books may not fall below the last price recommended by the publisher of the publishing state for Germany, including the value added tax in force in Germany. If the publisher has not recommended a price for Germany, the importer may, in order to fix the final price, be entitled to the net price of the publisher fixed or recommended for the State in which the publisher is entitled, plus the applicable price in Germany. Do not fall below the value added tax.(3) Anyone who purchases books in a State Party to the Agreement on the European Economic Area at a lower purchase price deviating from the usual purchase prices in the purchasing State may be subject to the final price to be determined in accordance with paragraph 2 of this Article. in proportion to the ratio of the share of the trading advantage to the usual purchase prices in the purchasing State, as well as the corresponding sales discounts and the corresponding sales conditions as components of the common purchase prices.(4) Publishers or importers may set the following final prices:
1.
Series prices,
2.
quantity prices,
3.
subscription prices,
4.
Special prices for institutions that are contractually involved in the publication of certain publishing works in a way that is decisive for the work of the work. ,
5.
Special prices for subscribers to a journal relating to a book written or published by the editorial office of this journal, and
6.
partial payment surcharges.
(5) The fixing of different end prices for a given title by a publisher or importer or their Licensees are permitted if this is objectively justified. Non-official table of contents

§ 6 Sales

(1) publishers must be subject to the fixing of their sales prices and other sales conditions Allow traders to take due account of the contribution made by smaller bookshops to the provision of comprehensive books and their booksellers ' service. They may not align their discounts solely on the sales achieved with a trader.(2) Publishers shall not be allowed to supply non-industry traders at lower prices or more favourable conditions than the book trade.(3) The publishers may not set higher prices or lower conditions for intermediaries than those for the last seller who supply them directly. Non-official table of contents

§ 7 Exceptions

(1) § 3 does not apply to the sale of books
1.
to publishers or importers of books, booksellers or their employees and permanent employees for their own requirements,
2.
to authors of independent publications of a publishing house for their own needs,
3.
to teachers for the purpose of checking usage in class,
4.
due to damage
5.
within the framework of a clearance sale limited to a period of 30 days, on the occasion of the The final closure of a bookstore, provided that the books come from the ordinary holdings of the closing company and were previously offered to the supplier for withdrawal with a reasonable period of time.
(2) scientific libraries, which are accessible to any scientific worker in their field, can be used up to 5 per cent, municipal libraries accessible to all, public libraries and school libraries, as well as confessional libraries and Troop libraries of the Federal Armed Forces and the Federal Police are granted up to 10 percent discount.(3) In the case of collection orders of books for school teaching which are to be acquired by the public authorities, a Beliehenan or a general-forming private school which has the status of State-owned equivalent schools, the Sellers shall grant: following discounts:
1.for an order with a total value of up to 25,000 euros for title with
more than 10 pieces8 percent discount,
more than 25 pieces10 percent discount,
more than 100 pieces 12 percent discount,
more than 500 pieces13 percent Discount,
2.on a work order in the total value of more than
25,000 euros13 percent discount,
38.000 euro 14 percent discount,
50,000 euro15 percent discount.

As far as school textbooks are purchased from the schools under its own budgets, a general discount of 12 percent for all collection orders is to be granted instead.(4) The last seller does not violate his obligation under § 3 if he/she is responsible for the sale of a book
1.
Commodities of low value or goods that do not weigh economically in terms of the value of the book purchased,
2.
Lowest cost of the last customer to visit the point of sale,
3.
shipping-or special procurement costs, or
4.
provides other commercially available secondary services.
unofficial table of contents

§ 8 duration of pricing

(1) publishers and importers are entitled to waive the pricing of book output by publishing them in a suitable way, whose first appearance dates back more than 18 months.(2) In the case of books which appear to be recurrent at a distance of less than 18 months or whose content loses significantly with the attainment of a specific date or event, a termination of the price binding by the publisher or Importer without regard to the period referred to in paragraph 1 after expiry of a reasonable period of time since publication. Non-official table of contents

§ 9 Claims for damages and injunctions

(1) Any person who is contrary to the provisions of this law may Omission shall be taken into account. Those who are acting intentionally or negligently are obliged to compensate for the damage caused by the infringement.(2) The claim for omission can only be asserted
1.
by tradesmen, the books
2.
from legal associations to promote commercial interests, insofar as they belong to a significant number of traders, the goods or services, or distribute commercial services of the same or related kind on the same market, in so far as they are capable, in particular according to their human, factual and financial resources, of their statutory duties of pursuit of industrial property
3.
from an attorney who is responsible for the performance of the relevant market, and the act is likely to significantly impede competition on the relevant market
from publishers, importers or companies who make sales to the latter, together as trustees, to supervise their price fixing (price-binding spreader hands),
4.
of qualified entities that demonstrate that they are included in the list of qualified entities according to § 4 of the law on injunctions or in the list of the Commission of the European Communities pursuant to Article 4 of Directive 98 /27/EC of the European Parliament and of the Council of 19 June 1998 May 1998 on injunctions for the protection of consumers ' interests (OJ L 327, 30.4.1998, p. EC No 51), as amended.
The bodies referred to in the first sentence of the first sentence may only claim the right to omission in so far as the claim relates to an act, by means of which the essential interests of the The latter shall be affected.(3) In the case of the beneficiaries referred to in paragraph 2 (1) to (3), the rules of the law against unfair competition and in the case of bodies referred to in paragraph 2 (4) shall be subject to the provisions of the law on injunctive action. Non-official table of contents

§ 10 Book View

(1) If there is reasonable suspicion that a company has violated § 3, a A trader who also distributes books shall require that the company provide an insight into his books and business records to a member of the economic or tax advisory professions who are committed to secrecy by profession. is granted. The report of the auditor may refer exclusively to the infringements which have become known to him against the provisions of this Act.(2) Where an infringement is present, the trader may require the offender to reimburse the necessary costs of the carrying out of the accounts. Non-official table of contents

§ 11 Transitional rule

By publishers or importers, fixed final prices for books, which are the 1. The prices referred to in Article 5 (1) shall be deemed to be prices for the period from October 2002 to October 2002.