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The Climate Litigation Database

Deutsche Umwelthilfe v. Eurowings GmbH

Geography
Year
2023
Document Type
Litigation

About this case

Filing year
2023
Status
Decided
Court/admin entity
Germany → Higher Regional Court of Cologne
Case category
Suits against corporations, individuals (Global) → Corporations (Global) → Misleading advertising (Global)
Principal law
Germany → Act Against Unfair Competition
At issue
Whether advertising claims around "climate neutrality" are misleading and in breach of the German Act against Unfair Competition

Documents

Filing Date
Document
Type
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Summary

The lawsuit was directed against the airline company Eurowings. The company was accused of making misleading advertising claims that suggest products, companies, or services are "climate neutral." It concerned the following statements (in German): (1) "Travel CO2-neutral. Together we make flying more sustainable: offset CO2 emissions and take off." (2) "Eurowings offers two ways to support sustainable travel. Together with our partner myclimate, we already offer our customers the possibility to offset the CO2 emissions of their flight through a voluntary contribution during the booking process via compensaid." The Cologne Regional Court prohibited the airline from advertising flights, whose emissions are offset with a few euros, as "CO2-neutral" in the form that occurred at the time of the lawsuit. The court concluded that the forest protection projects used for the alleged compensation are not suitable for achieving actual compensation, especially due to their short duration.