Tec Hut Ltd., a company trading refurbished IT equipment, is appealing a Dutch court ruling in favor of The Broker Site (TBS), an online marketplace for IT hardware. The court dismissed all of Tec Hut’s claims on 12 December 2024, ordering the company to cover TBS’s legal costs. Tec Hut argued that its membership termination by TBS was unjustified and violated contractual agreements and the Digital Services Act (DSA). The company also objected to a May 2024 warning email sent by TBS regarding ongoing complaints about Tec Hut’s business practices, including drop shipping, delivery delays, and defective shipments.
Court upholds TBS’s right to terminate
The court ruled that TBS acted within its general terms of service, which allowed it to terminate memberships at its discretion. TBS also provided sufficient evidence, including customer complaint logs, justifying Tec Hut’s removal from the platform.
Defamation claim rejected by court
Tec Hut sought € 100,000 in damages for reputational harm due to TBS’s public warning. However, the court found the warning to be factual and evidence-based, advising caution without constituting defamation. No rectification or damages were awarded.
Digital Services Act not applicable
Tec Hut argued that TBS’s actions violated the DSA, but the court determined that the law was not applicable, as the membership termination occurred before its implementation in February 2024. No market dominance abuse was found.
Final verdict favors TBS
The court dismissed all of Tec Hut’s claims and ordered it to pay € 6,388 in legal costs to TBS. If unpaid within 14 days, interest will be applied. Despite the clear ruling, Tec Hut is now seeking an appeal.
Market
Trade-in
Repair
Refurbishing
