Law On The Price Fixing For Books

Original Language Title: Gesetz über die Preisbindung für Bücher

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Law on the price fixing for books (book price fixing Act) BuchPrG Ausfertigung date: 02.09.2002 full quotation: "book price fixing law of September 2, 2002 (BGBl. I S. 3448), most recently by article 1 of the law of July 14, 2006 (BGBl. I S. 1530) is changed" stand: last amended by art. 1 G v. 14.7.2006 I 1530 for more information on the stand number found in the menu see remarks footnote (+++ text detection from) : 1.10.2002 +++) the G as article 1 d. G v. 2.9.2002 I 3448 of the Bundestag adopted. It is mWv 1.10.2002 into force article 3 of this G ACC..

Article 1 purpose of the law the law serves the protection of the heritage book. Fixing binding rates for sales to final customers ensures the preservation of a wide range of book. The law also guarantees that this offer is for a general public is accessible, by supporting the existence of a large number of retail outlets.

§ 2 books within the meaning of this Act are (1) scope of application also 1 sheet music, 2. cartographic products, 3. reproduce products, books, music scores, or cartographic products or substitute and verlags - or bookstores-typical view in the overall circumstances as prevalent and 4 is the main thing combined objects, where one of the products listed.
(2) foreign language books only fall under this law, if they are mainly designed for the sales in Germany.
(3) final customers is in the meaning of this Act who acquires books for purposes other than resale.

§ 3 prices who commercial - or businesslike books on final consumer sold, must comply with the price fixed under section 5. This does not apply to the sale of used books.

§ 4 cross-border sales (1) the price system does not apply to cross-border sales within the European economic area.
(2) the final price fixed under section 5 is to apply to cross-border sales of books within the European economic area if resulting from objective circumstances that the relevant books solely for the purpose of their re-entry have been carried out to circumvent this law.

§ 5 (1) who published books price fixing or imported, is required to set a price including VAT (price) for the edition of a book for sale to the final customer and to publish in a suitable manner. The same applies to changes of the final price.
(2) a person who imported books, must not fall below the final customer price recommended by the Publisher of the publishing State for Germany including the value added tax applicable in Germany for setting the final price. Has the Publisher recommended no prize for Germany, so the importer to the fixing of the Endpreises must not fall below the set for the State of publishing or recommended net price of the Publisher for end user plus the value-added tax applicable in Germany.
(3) If you buy lower purchase price different books in a Contracting State of the agreement on the European economic area to one of the normal purchase prices in the State of shopping as an importer, may reduce price to be determined in accordance with paragraph 2 in relation, equal to the ratio of the achieved trade advantage to the usual purchase prices in the State of purchase. This industry-typical Mengennachlässe and corresponding terms of sale apply as part of normal purchase prices.
(4) publishers or importers may set following prices: 1 series prices, 2nd volume pricing, 3. subscription rates, 4. Special rates for institutions involved in the publication of certain publications in a way for conclusion of the work contract, 5 special prices for subscribers of a magazine with the cover of a book, which is submitted to the Editorial Board of this journal or published, and 6 partial payment surcharges.
(5) setting different prices for a specific title by a Publisher or importer or their licensee is allowed when this is objectively justified.

When setting their prices and other terms of sale to merchants reflect the contribution provided by smaller bookstores to the nationwide supply of books, as well as their study service § 6 sales (1) publishers required. You must align their discounts not only at the sales achieved with a dealer.
(2) publishers may supply many traders not to lower prices or more favorable terms than the bookstores.
(3) publishers may set any higher prices or poorer conditions for intermediate booksellers as for final seller, which directly supply them.

§ 7 (1), section 3 shall apply exceptions not in the sale of books 1 to publishers or importers of books, bookseller or their employees and permanent employees for their own needs, 2 on authors of independent publications, a publishing house for their own use, 3 teachers for the purpose of use in the classroom, 4. on the basis of a damage or failure other than Mängelexemplare are marked , 5 in part one were offered on a period of 30 days limited clearance sales on the occasion of the final closure of a bookstore, where the books are from the common stocks of the closing company and the suppliers with reasonable time to take back.
(2) in the case of the sale of books to academic libraries that scientific employees are available to everyone on their territory, to 5 percent, local libraries accessible to anyone, state libraries and school libraries as well as be granted religious libraries and force libraries of the German armed forces and the Federal Police up to 10% discount.
(3) in the case of bulk orders of books for schools, be purchased property public, a Nr.1B,c, or general public schools, which have the status of State replacement schools, grant the seller following discounts: 1 on order with a total value up to 25,000 euros for title more than 100 pieces 12 per cent discount with more than 10 units 8 percent discount, more than 25 pieces 10 per cent discount, , more than 500 pieces 13 per cent discount, 2nd a job worth a total of more than 25,000 euro 13 percent discount, 38,000 Euro 14 percent discount, 50,000 Euro-15 percent discount.
As far as textbooks are purchased by schools within their own budgets, a general discount of 12 percent for all bulk orders is instead to grant.
(4) the final seller his duty not violated under section 3 if he on the occasion of the sale of a book 1.
Goods of little value or goods which in terms of the value of the purchased book economically not in the weight fall, emits, low-value cost of the final customer to visit the shop takes over 2nd, acquires 3 shipping or special costs or other commercially available fringe benefits yields 4.

§ 8 duration of price fixing (1) publishers and importers are entitled through publication in an appropriate manner to unbind the price for book editions, whose first appearing older than 18 months.
(2) books, which appear recurring at a distance of less than 18 months or their content using reach a certain date or event significantly losing value, an end to the price fixing by the Publisher or importer without regard to the deadline referred to in paragraph 1 is possible after the expiry of a reasonable period of time since the publication.

§ 9 claims for damages and injunctive (1) who contravenes the provisions of this Act, can be taken to refrain from consuming. Who is intentionally or by negligence, is obliged to compensate of the damage caused by the infringement.
(2) the entitlement to injunctive relief can be claimed only 1 by trader, the books sell, 2. incorporated associations for the promotion of commercial interests, unless a significant number of professionals belongs to them, who distribute goods or commercial services of similar or related species on the same market as far as they are able in particular to their human, technical and financial facilities actually perform their statutory duties the pursuit of commercial interests , and the action is capable of significantly affect competition on the relevant market, 3rd by a lawyer who is charged together as a trustee to maintain their price fixing (resale price maintenance trustee), 4th by qualified entities to demonstrate by publishers, importers, or companies that make sales to final customers, that they are in the list of qualified entities pursuant to § 4 of the law of injunctions or in 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 May 1998 on injunctions for the protection of consumer interests (OJ EC No. L 166, p. 51) are registered in the currently valid version.
The facilities can claim only entitlement to injunctive relief 1 No. 4 pursuant to sentence, as far as the claim concerned an Act, be touched by the essential needs of the final customer.

(3) the provisions of the Act against unfair competition and at facilities relating to the proceedings for the claimant referred to in paragraph 2 Nos. 1 to 3 referred to in paragraph 2 No. 4 the law of injunctions.

§ 10 book insight (1) if there is reasonable suspicion, that a company has violated article 3, a trader who also sells books, can demand that this company provide insight into his books and business records one by profession professionals committed to professional secrecy the economic or tax consultants. The report of the external auditor shall refer exclusively to the him known violations of the provisions of this Act.
(2) an infringement exists, the trader by the offending company may demand the reimbursement of the costs of the audit.

§ 11 by publishers or importers contractually fixed prices for books that were brought to October 1, 2002, in traffic, are considered transitional provision rates within the meaning of article 5, paragraph 1.