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European investigators are probing an alleged operation that sold more than one million used phones as new, according to the European Public Prosecutor’s Office (EPPO). The EPPO says the suspected scheme caused at least €300 million in estimated consumer damage and more than €30 million in estimated VAT losses. These are allegations in an ongoing criminal investigation, not findings of guilt.
What investigators say happened
The EPPO announced Investigation Troja on 29 September 2026. Its Cologne office is investigating a suspected criminal organisation accused of selling used mobile phones as new. The EPPO reports that investigators carried out more than 160 searches and seizures in 19 countries, with 1,770 police, tax and customs officers involved. Seven people were arrested in Austria, Germany and Spain, including the two alleged leaders, according to the announcement. EPPO’s announcement on Investigation Troja
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Prosecutors allege that used components were assembled into phones in Hong Kong and the United Arab Emirates. The devices were then allegedly cleaned, packaged as new and shipped to the Netherlands. From there, the EPPO says, they were moved to warehouses in Germany and sold to customers across the EU through online marketplaces.
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The EPPO says the investigation began after a report from the European Anti-Fraud Office (OLAF). Europol, Eurojust and national authorities are listed among the operation’s partners. The case is developing, and operational details may change.
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Why the alleged VAT scheme matters
According to the EPPO, shell companies based in Austria, Bulgaria, Germany, the Netherlands and Switzerland allegedly used the VAT margin scheme from 2018. That scheme can apply to qualifying resales of goods on which VAT has already been paid: a reseller accounts for VAT on its profit margin rather than the full sale price.
The EPPO’s allegation is that the phones were presented and sold as new, so VAT was due on the full price rather than under the margin scheme. It estimates that the suspected practice resulted in more than €30 million in VAT losses to several EU member states. This is the tax rationale described for this investigation, not individualized tax advice.
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How large is the alleged consumer impact?
The EPPO says more than one million phones were allegedly sold as new despite being used. It estimates consumer damage at at least €300 million. Both figures are estimates attributed to prosecutors; they do not establish that every buyer has been identified, suffered the same loss, or is automatically entitled to compensation.
What buyers can do if a phone sold as new appears used
EU guidance says new goods bought from a trader carry a minimum two-year legal guarantee if they turn out to be faulty. If there is a problem, the guidance says to contact the trader that sold the goods first. The guarantee does not by itself settle every dispute about how a device was described; available remedies depend on the circumstances and applicable national rules. EU guidance on guarantees and returns
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- Keep evidence. Save the product listing or advertisement, receipt, seller messages, and clear records of the phone’s condition when received.
- Contact the seller. Explain how the device’s condition differs from the description and keep a copy of your complaint and any response.
- Check the applicable route. If the seller does not resolve the issue, consult your national consumer-protection authority or an appropriate consumer advice service about the rules and next steps in your country.
The EPPO announcement does not identify a list of affected customers, name a specific phone model or retailer, or set out a compensation process for buyers. Its statement emphasizes that “All persons concerned are presumed innocent until proven guilty in the competent courts of law.”
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