So finally the German courts decided that a high-tech sports shoe does not fall within scope of the WEEE (Waste Electrical and Electronic Equipment) Directive.
Last year the German National Register (Elektro-Altgerate Register – EAR) was challenged by a Producer on the sports shoe, and the matter subsequently went before the courts.
The case in question was whether or not a high-tech sports shoe with an implanted chip was considered to be electronic equipment under WEEE legislation. The chip measures weight distribution when running and makes adjustments in the shoe that, according to the manufacturer, can improve running performance.
Previously, 12 European Union Member States had ruled that the shoes were not electronic equipment, but the EAR claimed that they were and wanted the Producer to register for Producer responsibilities.
The Producer challenged the EAR in court and won the hearing, stating that the shoes were not to be classified as electronic equipment as their primary function was as a shoe, not as a piece of sports equipment.
The appeal by EAR has now been rejected.
Another example of this kind of thing would be a teddy bear with some electronics in it. Its primary function remains a teddy bear!
Directive Decoder
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