Michael Geist posted that a German court ruled that placing an article for sale on eBay constitutes a binding and irrevocable offer to sell, even if a seller terminates the auction before the specified time period ends in compliance with eBay's termination procedures, according to an article in BNA's Electronic Commerce & Law Report at http://pubs.bna.com/ip/BNA/eip.nsf/is/a0b1e8v3y6 (subscription required). Geist also linked to the German language decision http://cogworms.notlong.com.

eBay Germany spokesperson Maike Fuest conveyed through an eBay spokesperson in the U.S. the following:

"Regarding the German ruling, the Higher Regional Court of Oldenburg in Germany recently ruled that placing an article for sale on eBay constitutes a binding and irrevocable offer to sell. This court ruling confirms the regulations that were addressed in eBay's user agreement. The questions about whether a seller is allowed to withdraw his offer in the event the item was damaged or stolen will remain unaffected by this court ruling."