Tourism: Greenwashing Risk 2026

Tourism is a sector particularly at risk of warning letters, as consumers are strongly influenced by emotional and environmental claims when choosing their holiday destination. The EmpCo Directive 2024/825 significantly tightens requirements for transparency and substantiation of sustainability claims from 27 September 2026. In particular, the generic use of terms such as "sustainable", "environmentally friendly" or "climate-neutral" will be subject to stricter sanctions. The BGH judgment of 27 June 2024 (I ZR 98/23, Katjes) has already established that "climate-neutral" without detailed disclosure of the calculation methodology and offsetting projects is misleading. This principle can be applied by analogy to the tourism sector: tour operators and hotels advertising "climate-neutral travel" or "CO2-free holiday packages" must demonstrate how CO2 emissions are calculated and offset. The EmpCo Directive prohibits from 2026 the blanket use of "climate-neutral" (Anhang I Nr. 4c UCPD), even if emissions are offset through high-quality offsetting projects. Instead, concrete reduction targets and transparent information about offsetting methods must be communicated. The use of terms such as "sustainable hotel" or "environmentally friendly holiday" also requires concrete substantiation through certificates (Green Key, EU Ecolabel) or measurable indicators (energy efficiency, water consumption, regional products). Those who fail to communicate transparently risk warning letters and reputational damage.