jurisdiction

1. Has the EmpCo Directive been implemented into national law?

Yes, effective as of September 27, 2026.

1.1 Which national legislative act(s) implement the EmpCo Directive?

The EmpCo Directive is transposed via amendments to the national Unfair Competition Act (UWG): https://www.parlament.gv.at/dokument/XXVIII/I/528/fname_1763549.pdf (German only)

1.2 Does the national implementation provide for a literal (1:1) transposition, measures exceeding the minimum harmonisation requirements, or specific deviations? 

The amendments are almost identical to the text of the EmpCo Directive. However, the amendments include a transitional provision that the EmpCo Directive does not include: They stipulate that for a period of three years any civil claims relating to the new provisions concerning goods may only be asserted if the goods in question were placed on the market after September 27, 2026.

2. Have official guidelines, FAQs or interpretative guidance been issued by competent authorities or consumer protection bodies regarding the application of the EmpCo Directive?

Yes, longer interpretative guidance has been published alongside the draft, including guidance on the definition of terms and impact goals of the draft.

3. Are there any national or regional EN ISO 14024 type I ecolabelling schemes that substantiate a generic environmental claim as they demonstrate “recognised excellent environmental performance”?

Yes. In Austria there is the “Austrian Ecolabel”, which indicates special environmental quality of products, services, and institutions. 

4. Which sanctions and enforcement mechanisms are available or envisaged (e.g. administrative fines, prohibition orders, injunctions, market bans, civil enforcement actions)?

The draft does not include any specific new sanctions. In general, violation may result in claims by competitors or consumers associates for injunctive relief, removal, damages and publication of judgement as well as reimbursement of costs. Preliminary injunctions are available. 

The national draft stipulates that for a period of three years any civil claims relating to the new provisions concerning goods may only be asserted if the goods in question were placed on the market after September 27, 2026. 

5. Which authorities or institutions are competent for enforcement and supervision?

The draft does not include new rules on competent authorities and sanctions. Thus, private enforcement will continue being the primary means of enforcement. 

6. Is there already specific case law on environmental claims and/or sustainability labels? 

Yes, environmental claims are increasingly being challenged in Austria. Particularly claims referring to 'CO₂‑neutrality' have been subject to court proceedings in the recent past. Courts apply strict standards, requiring such claims to be specific, scientifically substantiated and transparently limited to the relevant stages of the product lifecycle. Furthermore, details and information on materials and origin have to be very precise. Consumer protection associations, most notably the Austrian Consumer Association (VKI), actively enforce these standards by initiating proceedings against unsubstantiated or vague sustainability claims.