FROM MARKETING CLAIMS TO UNFAIR COMMERCIAL PRACTICES

REGULATING GREENWASHING IN EU LAW

Abstract

The regulation of unfair competition within EU law is both extensive and fragmented, being dispersed across a range of secondary legislative instruments, predominantly Directives. This regulatory framework is inherently multi-layered, as it integrates provisions aimed at consumer protection alongside rules designed to safeguard the interests of traders. The increasing prominence of sustainability, closely linked to the expansion of green marketing practices, has intensified efforts by traders to portray goods and services as environmentally sustainable. In practice, however, such claims frequently operate at the margins of truthfulness and objective verifiability. Product labelling and commercial statements often contain information capable of creating misleading impressions regarding the characteristics, quality, or environmental impact of the goods or services concerned. Consequently, consumers may engage in economic transactions under the influence of deceptive or misleading claims and information overload, driven by the belief that their purchasing decisions contribute to environmental protection and sustainability objectives. Current legal framework is intended to be supplement by Directive (EU) 2024/825 of the European Parliament and of the Council of 28 February 2024 amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and improved information (hereinafter “Directive 2024/825”). Similarly, the draft GCD Directive is also relevant within the defined area. The primary objective of this article is to analyse Directive 2024/825 and to identify its key normative elements, with particular emphasis on the newly introduced obligations imposed on affected entities, primarily traders, and the corresponding rights conferred upon consumers. The partial objective of this paper is to analyse the European legal framework and the national legal framework governing the defined area, with a focus on the specific rights and obligations of traders.