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Court Decision

Oberlandesgericht Wien, eBay, 1 R 182/10g, September 27, 2010

(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.