Implementation tracker for the EmpCo Directive - Germany

Yes - effective as of 27 September 2026.

Transposed via amendments to the Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb (UWG)) and consumer protection statutes (https://www.recht.bund.de/bgbl/1/2026/43/regelungstext.pdf?_blob=publicationFile&v=1 (German only)).

1:1 transposition. However, in line with the September 2026 update of the EmpCo FAQ and the Common Understanding an amendment proposal of the German Unfair Competition Act (UWG) has been decided, which introduces a new Section 15b into the UWG. The Federal Council’s decision and its publication in the Federal Law Gazette are still pending and are expected in October.

From a practical perspective, the new provision matters because injunctive relief for certain environmental, social and circularity-related claims would, for goods placed on the market before 27 September 2026, be subject to an express good-faith and proportionality assessment. According to the explanatory memorandum, this may, depending on the circumstances result in additional information obligations, specific sell-off periods or, in exceptional cases, even the exclusion of injunctive relief. The provision shall enter into force on 27 September 2026 (with retroactive effect) and expire on 26 September 2028. The explanatory memorandum also makes clear, however, that in exceptional hardship cases, individual sell-off periods may still remain available under the general rules thereafter.

Overall, such an amendment would not introduce entirely new concepts into the German UWG. Rather, it would codify a proportionality test instead of leaving the issue solely to judicial considerations of equity and could, in extreme cases, support not only a grace period but also restrictions on the enforceability of injunctive relief.

As of March 2026, no official FAQs or guidance have been issued by federal authorities. 
However, some information can be drawn from the German legislative process:

• In connection with the verification of recognised excellent environmental performance for a generic environmental claim, the Germen statement of reasons for the law transposing the EmpCo (p. 28) indicates that it is not necessarily the term used as a general environmental statement itself that must be subject to these regulations, which seems to give advertisers some room for manoeuvre.
• In its recommendation, the German Bundestag's Committee on Legal Affairs and Consumer Protection calls for recognised, independent consumer tests to not be considered 'sustainability labels' under the EmpCo, since their primary objective is to provide comprehensive, independent consumer information that often considers other quality aspects, rather than promoting specific environmental or social characteristics (p. 20).
• In its recommendation, the German Bundestag's Committee on Legal Affairs and Consumer Protection also calls for the names and logos of environmental and consumer organisations, as well as recognised NGOs, that include environmental or sustainability-related terms, not to be covered by the EmpCo. This is because such names generally do not represent product-related environmental claims but merely indicate general cooperation between companies and these organisations. This should only be considered a relevant environmental claim or sustainability label if the impression is given that the organisation has tested a specific product and wants to guarantee its quality (p. 20). 

Yes, in Germany there is the “Blauer Engel” (https://www.blauer-engel.de/en). It is an independent and credible label that sets stringent standards for environmentally friendly products and services. It is specifically mentioned by the German Environment Agency “Umweltbundesamt” (https://www.umweltbundesamt.de/en/node/3659#branchenspezifische-umweltzeichen).

Available and envisaged enforcement tools include:

1. Cease‑and‑desist requests including a penalty order (“Abmahnungen”) under the UWG and private enforcement avenues;
2. Prohibition and injunction orders (incl. recall);
3. Administrative fines for competition/consumer protection infringements.

Enforcement of misleading environmental claims falls mainly to civil enforcement through competitors and consumer protection organisations under the UWG. However, in case of breaches of the UCPD with implications in several member states enforcement by the Federal Office of Justice based on the work of the CPC-network is on the rise. Furthermore, in specific sectors (i.e. cosmetics, food/feed, biocides) the competent regulatory authorities can take measures based on the specific regulations on labelling, advertising and the like.  

Environmental claims are highly present before German courts notably increasing since 2020. Many cases are initiated by environmental protection agencies and consumer protection associations, particularly challenging the use of “climate neutral.” Courts also review other claims such as “environmentally friendly”, “CO₂-reduced,” and “recyclable.” They apply strict standards, requiring clear specification of the claim and transparent information for consumers directly on the product.