Press releases
- 16th May 2002 -

COURT ORDER BANS PUBLICATION OF COMPARATIVE SPRAY GUN TEST DATA CARRIED OUT IN SATA LABORATORIES

In a historic move the Court of Frankfurt in Germany has forbidden both SATA and KTI from divulging or publishing the data on comparative spray gun transfer efficiency tests carried out on eight spray guns, including guns manufactured by Anest Iwata, SATA, DeVilbiss and other manufacturers.

In the autumn of 2001 the German magazine KFZ Betrieb published comparative test results of the transfer efficiencies of the eight spray guns, including the SATA Jet 2000 HVLP Digital and SATA Jet RP Digital. The magazine claimed that the tests were carried out by KTI (Kraftfahrzeugtechnishe Institut und Karosseriewerkstaette), a specialised institute belonging to the Dekra Organisation.

The transfer efficiencies stated for Anest Iwata spray guns were much lower than the transfer efficiencies achieved when Anest Iwata guns were tested by the independent test house of the MIRCC THATCHAM in the U.K. The MIRRC Thatcham has an international reputation and is respected, worldwide, for their independent testing of many products; in the case of our industry the transfer efficiency of spray guns. The MIRRC at Thatcham are accepted by many people in many countries as the leaders in the independent testing of the transfer efficiency of spray guns. Anest Iwata could not therefore believe the results published in this magazine and asked KFZ Betrieb to repeat the tests on the Anest Iwata spray guns -- in the presence of Anest Iwata observers and not behind closed doors.

From the proposal received from KTI (the German test house), it became apparent that the data published in the magazine KFZ Betrieb, was taken from tests carried out at the premises of the German spray gun manufacturer, SATA, by the employees of SATA, using the machines of SATA, resulting in the spray guns of SATA having better test results than their competitors. In the case of Anest Iwata, the T.E. test results were much lower than those achieved by the independent test house MIRRC Thatcham. It also appeared that the tests were not carried out in accordance with one of the following internationally recognised test procedures -- ASTM D528/95 or VDMA 24366 or prEN13966/1 -- this last being the test procedure shortly to become the approved European Standard. It is interesting to note that SATA, along with other spray gun manufacturers, including Anest Iwata, were represented on the European Committee charged with formulating the test procedure prEN13966/1.

Anest Iwata entrusted IPA Fraunhofer, an independent and internationally well known German Institute, to repeat the transfer efficiency tests on its gun models as published in the German magazine KFZ Betrieb. The results of the independent tests of IPA Fraunhofer substantially corresponded with the results of the independent tests of the MIRRC Thatcham and were generally different -- and better -- than the "KTI" test results.

In the light of the above facts, Anest Iwata instituted legal proceedings and asked the German Court of Frankfurt to forbid SATA and KTI to further publish the "KTI" test and the results, as tests carried out in a non-independent and non-neutral way cannot be a certain reference for customers. The publication of the test results, in the opinion of Anest Iwata, represented an unfair behaviour under the point of the relationship amongst manufacturers and was mis-leading under the point of view of the fundamental criteria of independence and neutrality.

The Court of Frankfurt, fully granting Anest Iwata's requests, issued two interim injunctions without oral hearing:

- SATA is forbidden to advertise in commercial relationships, completely or partially, the "KTI" original test or the test report published on KFZ Betrieb or the essential results and conclusions as published on the magazine FLM in March 2002, with indication of penalty up to the sum of EURO 250.000 or detention for each case of infringement and legal expenses to its charge (11 Kammer fuer Handelssachen - Landesgericht Frankfurt am Main - decision of 23/04/02 - ref: 3-11 0 59/02);

- KTI is forbidden to divulge total or partially to any third party the "KTI" test even in the form of public declaration or interview of their staff, with indication of penalty up to the sum of EURO 250.000or detention for each case of infringement and legal expenses to its charge (8 Kammer fuer Handelssachen - Landesgericht Frankfurt am Main - decision of 25/04/02 - ref: 3-08 0 76/02).

SATA, through a letter of its lawyer dated 30 April 2002, accepted the decision of the Court of Frankfurt and renounced any intention to contest or appeal against the decision of the Court and the Court of Frankfurt interim injunctions therefore become permanent injunctions.

EUROPEAN BRANCHES
- Anest Iwata Italia
- Anest Iwata France
- Anest Iwata U.K.
- Niederlassung Deutschland
- Anest Iwata Scandinavia
- Anest Iwata Iberica

BUSINESS PROFILE
- Company mission
- Our History
- Operative offices
- Quality & Certificates

LINKS
- Anest Iwata Corporation
- IWATA-MEDEA

MORE…
- add this site