According to a verdict from the regional appeal court Bremen, Sellers
can’t wildly accuse buyers in ebay anymore when it comes to hacking.
In the given case, the seller of a motorcycle has got a bid from a hacked
ebay-account. The “buyer” then declared that he didn’t use his account.

The seller has withdrawn the auction and sold the motorcycle in a second try to a lower price and accused the hacked “buyer” for the difference.

However the regional appeal court in Bremen did not follow the seller’s accuse as the seller can’t proove that the  “buyer” willingly has allowed access to his ebay account or used any weak password that would have anyone allowed easy access to that account. The second thing is that the buyer had no intention to buy that motorcycle anyways. Even here the seller has to proove that a buyer intentionally wants to buy a certain article (one proof could be an e-Mails or a phone call where the buyer previously indicated interest.)

With these two most important reasons the regional appeal court of Bremen has closed the case.