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The Climate Litigation Database

vzbv v. Vattenfall GmbH (Advertising climate-neutral gas via CO2 compensation)

Geography
Year
2024
Document Type
Litigation

About this case

Filing year
2024
Status
Decided
Court/admin entity
Germany
Case category
Suits against corporations, individuals (Global)Corporations (Global)Misleading advertising (Global)
Principal law
GermanyAct Against Unfair Competition

Documents

Summary

A consumer advocacy organization (Verbraucherzentrale Bundesverband e.V.) brought an action against an energy supply company (Vattenfall GmbH) in the Regional Court of Hamburg (Landgericht Hamburg), concerning the company’s online advertising of their gas as “100% climate neutral.” The Plaintiff argued that the information provided was insufficient because consumers were not given a sufficiently detailed explanation of the contribution made by individual compensation mechanisms and projects.

On January 25, 2024, the Regional Court dismissed the lawsuit, finding that the advertising was lawful because it clearly communicates that the claimed climate neutrality is achieved through offsetting/compensation. The court explained that the company was not required to provide an exhaustive description of every individual compensation project or a detailed breakdown of the respective contribution of different measures directly in the advertisement.

On February 26, 2025, the Higher Regional Court of Hamburg (Oberlandesgericht Hamburg) upheld the lower court’s decision.