DUH v. Bayer

The Regional Court of Cologne (Landgericht Köln) issued a default judgment (Versäumnisurteil) against Bayer AG following an action brought by the German Environmental Action (Deutsche Umwelthilfe, DUH) concerning Bayer's advertising of a commitment to achieve “net-zero emissions” across its entire value chain by 2050.

Bayer's advertising stated the 2050 net-zero ambition but provided concrete information only concerning measures planned through 2030. It did not explain how the company intended to achieve net-zero emissions across its full value chain from 2050 onwards. After DUH initiated proceedings, Bayer amended the advertising but did not provide a cease-and-desist declaration. Because Bayer failed to defend the action within the applicable deadline, the court issued a default judgment prohibiting the challenged advertising.