{"id":6338,"date":"2026-10-05T11:34:27","date_gmt":"2026-10-05T09:34:27","guid":{"rendered":"https:\/\/www.weisenheimer.law\/?p=6338"},"modified":"2026-10-05T11:39:03","modified_gmt":"2026-10-05T09:39:03","slug":"empco-directive-environmental-communication-in-aviation","status":"publish","type":"post","link":"https:\/\/www.weisenheimer.law\/en\/empco-directive-environmental-communication-in-aviation\/","title":{"rendered":"EmpCo Directive \u2013 Environmental Communication in Aviation"},"content":{"rendered":"

[vc_row][vc_column][vc_column_text]Directive (EU) 2024\/825<\/a> \u2013 (Emp<\/strong>owering Co<\/strong>nsumers for the Green Transition \u2013 <\/em>\u2018EmpCo Directive<\/strong>\u2019) aims to provide greater protection for consumers against greenwashing and misleading sustainability claims.[1]<\/a> It is designed to enable consumers to make informed purchasing decisions and, in particular, to prevent individual environmental measures or external climate protection projects from creating the false impression that a product or service is sustainable, climate-neutral or low-emission.<\/p>\n

In Austria, these requirements are primarily implemented through the amendment to the Act against Unfair Competition (\u2018UWG<\/strong>\u2019).[2]<\/a> Supplementary information requirements under consumer contract law, on the other hand, are implemented in particular through the Distance and Off-Premises Sales Act (FAGG).[3]<\/a> The new regulations apply from 27 September 2026<\/u><\/strong>.<\/p>\n

The scope covers all commercial practices by companies vis-\u00e0-vis consumers<\/strong>. Where the term \u2018product\u2019 is used, it encompasses, according to the definition in the UWG, both goods and services, including immovable property, digital services and digital content, as well as rights and obligations.[4]<\/a><\/p>\n

The Austrian UWG may also apply to companies based outside of Austria if there is a sufficient domestic connection<\/strong>, in particular where the commercial practice affects or is likely to affect Austrian consumers or the Austrian market.[5]<\/a> Indications of this may include, for example, the website specifically targeting Austrian customers, the language used, or its commercial focus (e.g. offering flights to and from Austria), etc.<\/p>\n

Consequences of a breach of the UWG <\/strong>may include, in particular, legal action by competitors or collective actions brought by organisations with standing to sue (e.g., the Association for Consumer Information, VKI). Such legal action may result, in particular, in injunctions and costly publication of the judgement at the expense of the airline concerned.<\/p>\n

Environmental Claims<\/u><\/strong><\/p>\n

An environmental claim <\/em><\/strong>is any message or representation in commercial communications that is not required by law <\/strong>and which, states or implies<\/strong> that a product, a product category, a brand or a company has a positive impact <\/strong>on the environment or no impact at all<\/strong>, is less damaging to the environment <\/strong>than others, or that its environmental impact has improved<\/strong> over time.[6]<\/a><\/p>\n

This covers not only verbal claims, but also, in particular, communication via text, images and symbols. This explicitly includes labels, brand names, company names and product names. Consequently, a green colour scheme, leaf or nature motifs, as well as terms such as \u2018Green Fare\u2019, \u2018Eco\u2019, \u2018Conscious Flying\u2019 or \u2018Responsible Travel\u2019, may in principle constitute an environmental claim<\/em><\/strong>.<\/p>\n

Environmental claims <\/em><\/strong>are inadmissible if they are made in relation to the company\u2019s entire product or business activity, even though they in fact relate only to a specific aspect of the product or a specific activity within the company\u2019s business.[7]<\/a><\/p>\n

For example, a single benefit (such as on-board recycling or the use of renewable energy at the airport) must not be used to advertise the entire flight as \u2018sustainable\u2019 or \u2018green\u2019.<\/p>\n

Generic Environmental Claims<\/u><\/strong><\/p>\n

A so-called general environmental claim <\/em><\/strong>exists where an environmental claim<\/em><\/strong>, made either orally or in writing, is not contained within a sustainability label and where the specifics of that claim are not clearly and prominently stated on the same medium.[8]<\/a> This may include, in particular, terms such as \u2018environmentally friendly\u2019, \u2018green\u2019, \u2018ecological\u2019, \u2018climate-friendly\u2019, \u2018sustainable\u2019, \u2018low-carbon\u2019 or \u2018Eco\u2019.<\/p>\n

General environmental claims <\/em><\/strong>are not permitted <\/strong>unless recognised excellent environmental performance <\/em><\/strong>can be demonstrated specifically for that claim.[9]<\/a><\/p>\n

Recognised Excellent Environmental Performance<\/u><\/strong><\/p>\n

A recognised excellent environmental performance <\/em><\/strong>exists where the performance<\/p>\n