Germany plans to introduce a proportionality clause for clearing old stock before the EmpCo Directive takes effect

Before implementing the EmpCo Directive, Germany plans to add a proportionality clause to its Act Against Unfair Competition, allowing old stock placed on the market before September 27 to be cleared after balancing the interests involved, rather than being destroyed outright. The German E-Commerce and Distance Selling Trade Association (bevh) says this is better than having no transition period, but would create more legal uncertainty than a clearly defined sell-through deadline. It had previously called for the sell-through period to extend beyond September 27 and for a VAT exemption for products donated after they no longer meet EmpCo requirements.