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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Italy
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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 Legislative Decree 20 February 2026, no. 30 (https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2026;30).

The Legislative Decree amends the Italian Consumer Code (Legislative Decree 6 September 2005, no. 206, https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2005-09-06;206).

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.

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

No.

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”?

As for EN ISO 14024 type I labels, in Italy there is the UNI EN ISO 14024:2018 label, which is the implementation of the EN ISO 14024 type I ecolabelling scheme made by the UNI – the Italian Standards Body.

In addition the Italian Minitry of Environment and Energy Security has developed the "Made Green in Italy" Scheme, which is a national scheme that combines elements of ISO 14025 (Type III) with selective criteria typical of ISO 14024 (Type I). This Scheme is based on the PEF - Product Environmental Footprint method, as defined by the European Commission in Recommendation 2013/179/EU and subsequent technical documents (https://www.mase.gov.it/portale/web/guest/the-made-green-in-italy-national-scheme).

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

1. Should the conduct be considered infringing the rules set forth by the Italian Consumer code (as amended by means of Legislative Decree 30/2026 implementing the EmpCo Directive), the Italian Competition Authority (AGCM) may:

  • issue a cease - and - desist orders to the trader, mandating the termination of unfair commercial practices;
  • require the trader to submit commitments aimed at removing the elements of unlawfulness identified by the Authority and also require the tarder to public the commitment statement (e.g. on their website);
  • impose an administrative fine ranging from EUR 5.000,00 up to EUR 10M, depending on the seriousness and duration of the infringement;
  • in the case of widespread infringements (i.e. infringement with a EU dimension), impose a fine of up to 4% of the trader’s annual turnover in Italy.

2. In addition to administrative sanctions imposed by the Italian Competition Authority (AGCM), greenwashing practices may also be challenged before ordinary civil courts. In such cases, competitors, consumers or consumer associations may seek injunctive relief (i.e. the cessation of the misleading practice) and compensation for damages.

The amount of damages is not predetermined by law and is assessed by the court on a case-by-case basis, taking into account the harm suffered and the circumstances of the case.

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

1. The competent authority in case of infringements of the Italian Consumer code is the Italian Competition Authority (AGCM), that can initiate an investigation either ex officio  or following a complaint from consumers, consumer associations, or competitors.

2. Ordinary Courts, in civil proceedings brought by any party alleging a legitimate interest in bringing the claim.

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

Yes, environmental claims are highly present in Italy. Companies are mainly sanctioned by the AGCM for their unfair commercial practices, specifically in relation to misleading "green" claims. Once the administrative fine has been issued, companies may challenge the AGCM's decision before the competent Regional Administrative Court (TAR) and, on appeal, before the State Council.

Eni S.p.A. vs. AGCM: in December 2019, the Italian Competition Authority (AGCM) fined Eni S.p.A. EUR 5M for misleading advertising in connection with the "Eni Diesel+" marketing campaign. The AGCM found that the Diesel+ campaign disseminated false and misleading information about the product's environmental impact, and ruled that this constituted an unfair commercial practice in breach of Articles 21 and 22 of the Italian Consumer Code.
In 2024, the State Council, Italy's highest administrative court, overturned in ENI's favour the decision of the Regional Administrative Court of Lazio, which had upheld the AGCM’s decision.
The State Council found that the advertising campaign was compliant with the Italian Consumer Code and, in its reasoning, relied also on the Directive 825/2024, although not applicable ratione temporis to the case.