On 8 September at 09:30 AM, The Broker Site B.V. (TBS) will appear before the Court of Appeal in ’s-Hertogenbosch. The case was initiated by Tec Hut Ltd, alongside Martin Reilly and Jack Burgess, after the company was removed from TBS’s platform in August 2023. TBS, Europe’s largest closed trading platform for circular IT, stated that the removal followed numerous member complaints. To safeguard transparency, the company also issued an internal warning about Tec Hut’s practices. The reseller responded by starting legal proceedings, demanding reinstatement, rectifications, a publication ban, and advance damages of € 100,000.
District court supported TBS in 2024
In December 2024, the District Court of Zeeland-West-Brabant dismissed all claims made by Tec Hut. The court ordered the company to pay € 6,388 in legal costs to TBS. Despite this outcome, Tec Hut has chosen to appeal, keeping the case in motion.
Court upholds right to terminate
The district court found that TBS had acted within its general terms of service, which allow it to terminate memberships at its discretion. Evidence submitted by TBS, including complaint records, showed sufficient grounds for removal. Allegations of unjustified termination were rejected.
Defamation and damages claim dismissed
Tec Hut’s request for € 100,000 in damages for reputational harm was also dismissed. The court determined that the internal warning circulated by TBS was factual, based on documented complaints, and not defamatory. It did not require rectification or a public withdrawal.
Digital Services Act not applicable
Tec Hut argued that TBS’s actions breached the Digital Services Act (DSA). The court ruled that the DSA was not applicable, as the termination predated its implementation in February 2024. The court also rejected claims of abuse of market dominance.
Next steps in the appeal
Despite the clear dismissal, Tec Hut has decided to pursue an appeal. TBS has emphasized that its actions were necessary to protect its members and maintain trust within Europe’s largest circular IT trading platform. In the appeal case, Tec Hut argued that the database and CRM system forming the foundation of the dispute contained fabricated information. The court, however, based its earlier ruling on this very database. According to TBS, their CRM system reflects only factual records of events, insisting that nothing within it was fabricated or manipulated.
TBS added that attendance at the hearing would demonstrate solidarity across the trading community, stating: “Your presence will send a strong signal that our trading community stands united for trust, safety, and transparency.”
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