Selling OVP overpriced?

I was out with some friends the other day and we went to Burger King. There I overheard someone selling an OVP of a Playstation 5 for 500 EUR on ebay.de. He created a sales ad that looked like he was selling a Playstation 5 but only sold the original packaging. But at the bottom of the display it was only the original packaging. Now my question: is it legal to do something like that? And is it punishable?

That is a punishable offense. He can count on a complaint.

But he wrote it down in the description that it is only the original packaging.

Willful fraud. The buyer will report it.

The description is deliberately aimed at misunderstanding. The sale is invalid, the buyer may request the reversal.

He can file a complaint…

The sale is invalid. The category is almost always wrong. Often technical data are also given such as PAL, 4K, 1Tb, Wi-Fi etc. - for a box? - Hello?

Keyword: malicious deception, trickery

Of course, he can file a complaint, the sale is invalid. Even without an ad.

Is it legal to do something like that? And is it punishable?

Of course he can sell the original packaging.
However, the purchase will more likely have legal consequences.

User iq1000 has already roughly explained it.
Unless, of course, the VK has made it clear in the title that it is not the console but the packaging and in the description it is clearly stated that it is an original packaging and not a console. In addition, there's also the fact that the above-mentioned No technical data etc. Or other features of a console are available. It must be clearly declared what it is about & and also that it is in the right category. You shouldn't overdo it with the price either. Will she e.g. Traded for 500 euro but if you put the OVP in for 400 euro, that would be a deception because a box never has that much value.

If you take all these points into account & a buyer still buys, you are legally safe when the VK has sent the "goods" correctly. But if the buyer complains and he does it at 500 euro, then this is his own fault if he overlooked or even overread the clearly described without deception, etc., description of the original packaging.

Legally, you don't have to return any money here if the points are correctly met. But as you describe, this does not seem to be the case.

It's so ancient. Here is an article from 2010: https://www.rechtsindex.de/internetrecht/1205-versteigerung-von-leeren-verpackungen-auf-ebay

or: https://www.ferner-alsdorf.de/vorsicht-leere-verpackungen-bei-ebay-verkaufen/

The buyer should display the Vk.

"The seller could have deceived by pretending or distorting true facts. […] Excessive pricing can already contribute to deception [Prütting / Wegen / Weinreich, BGB Commentary, 6th edition, § 123 Rn. 6]. An original packaging would never be offered for this price, especially since it is not a collector's item or otherwise rare item.
However, it is questionable whether the seller has an obligation to disclose. A breach of the duty of disclosure can constitute an act of deception. Deceptions with original packaging are now truly an Ebay classic and have been to be found regularly for years. Mainly due to the fact that the initial price was excessive, the seller should have explicitly and unambiguously pointed out in the item description that only original packaging was being sold […]. Such an obligation to provide information can arise in good faith and in accordance with the requirements of the traffic, taking an overall assessment of the circumstances [Prütting / Wegen / Weinreich, BGB Commentary, 6th edition, § 123 marginal number 12]. If one now ascertains an act of deception, the criminal scope of § 263 StGB could also be opened under its further conditions. "

"In addition, it is advisable to file a criminal complaint with the police or the public prosecutor's office. This is complete fraud (if the purchase price has already been paid) or attempted fraud (if no money has yet been paid)."

I'm not a lawyer, but as far as I know, you have to be able to clearly see that it's just a box and not the console. Clearly does not mean that at the end, in a hidden subordinate clause or something like that, you simply snot that it is a box, but otherwise do everything on the console.

So the title should be something like "Empty box of a PS5 without console" and not "PS5 black X GB memory with hard drive new (box)"