Vzbv v. Tesla (Injunction against Tesla’s ‘0g CO2/km’ advertising)

The Regional Court of Berlin (Landgericht Berlin) considered an action brought by the Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband, vzbv) challenging Tesla’s advertising and information practices. The case concerned, among other things, Tesla’s representation that its electric vehicles have “CO₂ emissions: 0 g/km” and statements referring to a “sustainable energy” transition and an “emission-free future.”

The court rejected the challenge to the 0 g/km CO₂ claim, holding that the statement was not misleading under Section 5a(1) UWG. It considered the statement understandable to the average consumer as referring to the absence of CO₂ emissions during vehicle operation, which was undisputedly accurate. The court also held that information concerning Tesla’s participation in emissions certificate trading was not a material piece of information that had to be disclosed to consumers.

The separate challenge concerning Tesla’s Sentry Mode, which enables camera surveillance around the vehicle, was resolved through Tesla’s submission of a cease-and-desist declaration following the proceedings. This aspect therefore did not result in a substantive judicial determination.