IPhone 3G Warranty question

Question

I live in Luxembourg, I bought a brand new german iPhone 3G without T-Mobile contract on eBay (in its original packaging, never touched)(I didn't know at the time that it had a SIM-Lock), and just after unpacking, the mute switch broke off. Now, to get proper online help, you need a serial number of an activated phone, which I can't supply, since the iPhone hasn't even been activated yet (because of the SIM lock, it'll only accept T-Mobile SIM cards), and it's already defectous.
Apple Premium Resellers won't touch it, because normally, it's the contractor's job to send defectous iPhones to Apple (or at least I've been told by them), T-Mobile won't touch it, since they had that huge privacy scandal just a while ago and can't risk anything right now, and since the phone hasn't yet been activated, the Luxembourgish contractor won't touch it, since it's a T-Mobile iPhone.
I've been pushed around quite a bit now from Apple reps, T-Mobile reps, service hotline people, and Vox (luxembourgish service provider) reps, and I KNOW my rights. One (1) year warranty in case of defectous hardware, except if it's become defectous as a consequence of misuse, abuse, flood, earthquake, fire, or other natural forces. The phone has been used in the margin of what could be called "normal use" (in fact, it's never been used, so that margin is still quite big)
Nobody seems to be responsible for sending the broken device to Apple for repair services, even thought the device is, clearly, still under warranty.
I don't want to have to pay up to 200€ just because I had the bad luck of getting that one particular bad mute switch.
My questions are: who can I go to? Where can I send my iPhone for repairs? why hasn't Apple accepted it in the first place?
Has anybody made any similar experiences, or does anyone have any helpful advice for me?
Thank you in advance.

Answer 1

I already tried activating the phone with a prepaid card, but T-Mobile phones seem to only accept contract cards...
So there is such a directive/law? As for the limitations: the phone was bought originally from an authorized retailer, it's not like I have an illegal stolen phone or something, but shouldn't it matter if I am not the original owner if the phone wasn't even unpacked, right? (at least I hope it doesn't)
I mean, if I bought a Macbook, and a week later, I'd sell it on eBay, the warranty would still be valid, so what's so different with iPhones? It's an Apple product I paid for, it's less than a year old, it broke under (less than) normal use, why isn't anybody responsible for fixing it?
apart form that, I'm not trying to force a retailer from Luxembourg to fix it, that's why I went to Germany to a T-Mobile shop and called the German Apple service hotline (Who accused me of being a hacker, by the way. On the phone. After a 10 minute wait. Yeah, I sure ain't calling that hotline anymore)... but that didn't turn out anything helpful at all...
What I could try is getting a cheap T-Mobile contract without cost unless I call somebody (you know, basically like a contract that acts like a prepaid card, I hope such a thing exists), activate the phone, drive back to Trier, and get it into repair under the warranty.
and even if al else fails, I guess I could still just google for third party repair services (although I want to avoid such things, as that would void the warranty)
well, thanks to everyone who helped me, I guess this means case closed.