DUH v. Shell plc (‘CO2-neutral’ motor oil)

In 2024, the Regional Court of Hamburg (Landgericht Hamburg) upheld an action brought by the German Environmental Action (Deutsche Umwelthilfe, DUH) against Shell Germany concerning advertising for “CO₂-neutral” driving and “CO₂-neutral” motor oil. The court found the environmental advertising misleading because the claims did not provide consumers with sufficiently clear information about the nature and extent of the measures said to achieve CO₂ neutrality.

The court emphasized that environmental claims such as “CO₂-neutral” and “CO₂ compensation” are subject to particularly strict requirements of accuracy, clarity, and transparency. In line with the Federal Court of Justice’s judgment of June 27, 2024 (I ZR 98/23), the court held that where an environmental term is capable of different interpretations, the relevant meaning must be explained clearly in the advertising itself. The court specifically rejected an approach under which consumers would have to obtain the necessary information elsewhere.