1. Has the EmpCo Directive been implemented into national law?
    1. Which national legislative act(s) implement the EmpCo Directive?
    2. Does the national implementation provide for a literal (1:1) transposition, measures exceeding the minimum harmonisation requirements, or specific deviations? 
  2. Have official guidelines, FAQs or interpretative guidance been issued by competent authorities or consumer protection bodies regarding the application of the EmpCo Directive?
  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”?
  4. Which sanctions and enforcement mechanisms are available or envisaged (e.g. administrative fines, prohibition orders, injunctions, market bans, civil enforcement actions)?
  5. Which authorities or institutions are competent for enforcement and supervision?
  6. Is there already specific case law on environmental claims and/or sustainability labels? 

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

Yes - effective as of 27 September 2026.

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

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)).

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

1:1 transposition. However, the German Federal Council (Bundesrat) has called for a sell-off period beyond 27 September 2026, urging the German Government to discuss this with the EU (https://dserver.bundestag.de/btd/21/024/2102464.pdf (German only)).

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

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). 

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 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).

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

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.

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

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.  

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

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.