The BGH has not revealed any reasons yet. It is announced for the end of June. However, it became clear during the discussions that the highest German civil court does not see the matter as clearly as the lower courts. They had previously followed Katjes’ argument.
The company announced in a food trade journal that all of its ingredients were produced in a climate-neutral manner. However, the production of the products is not emission free. The consumer advice center therefore found the advertising to be false. Important information would be withheld from the user – for example about how Katjes achieved climate neutrality. To compensate, the company supports climate protection projects, for example.
OLG accepts compensatory measures
The Düsseldorf Higher Regional Court argued that users understand the term ‘climate neutral’ to mean a balanced CO2 balance. You know that neutrality can be achieved through compensatory measures. According to the court, it is essential that Katjes provide sufficient information online about how the climate neutrality of the products is achieved. Readers of the trade magazine were able to access more information about this on a website using a QR code.
Notice
The competition center sees it differently. Information about this should have appeared in the advertising itself, divided appropriately according to how much the company itself saves in terms of emissions and what is offset. Consumers need to be able to recognize which companies are really achieving reductions in their emissions with high investments and technical improvements, and those who will not change anything in their own work but pay money to climate projects .
Stricter rules for environmental advertising
Christian Rohnke
The BGH also considered the question of whether there was a different status because the advertisement was published in a specialist magazine. Katjes answered this question in the affirmative.
In the context of the procedure, the new EU directive “on consumer empowerment for the ecological transition” published in March 2024 was also an issue. The member states should implement the regulation by September 2026. It prohibits the use of general environmental claims in advertising. The guide contains a list of terms such as ‘environmentally friendly’, ‘energy efficient’ and ‘climate friendly’.
Brunhilde Ackermann
A representative of the main office of the competition
Internal law (Bad Homburg vor der Höhe): Dr. Reiner Münker (Member of the Executive Board)
Rohnke (Karlsruhe): Christian Rohnke (BGH representative) – known from the market
Zain (Cologne): Dr. Marc Zain (Competition Law) – well-known from the market
Frederik Thiering
Producer Katjes
Ackermann (Karlsruhe): Dr. Brunhilde Ackermann (BGH representative) – known from the market
Bird & Birds (Hamburg): Dr. Frederik Thiering (Competition Law) – famous from the market
Federal Court of Justice, 1st Civil Assembly: Prof. Dr. Thomas Koch (presiding judge)
background: Lawyer Münker has been the managing member of the twelve-member executive committee of the competition’s headquarters since 2003. Since 1996, he has been the general manager of the association, which was founded in 1912 and which is supported by more than 1,100 companies and more than 800 chambers and associations and sees itself as an autonomous center for the economy for fair competition.
BGH lawyer Rohnke is regularly seen at the competition’s headquarters. In 2021 he pleaded for them when the Karlsruhe judges classified advertising for digital doctor visits that were too general as illegal. In the lower court, it is said that the individual lawyer Zain from Cologne was also on the mandate. It focuses on intellectual property rights and trademark law.
Bird & Bird for Katjes
2024-04-25 23:00:35
#Ackermanns #client #Katjes #finds #defense #BGH
