The EmpCo Directive sets a statutory maximum of up to 4% of the annual turnover generated in the EU member state concerned — but this applies only in EU-coordinated CPC enforcement proceedings (Art. 21 Reg. 2017/2394, § 19 UWG). In practice, cease-and-desist letters, preliminary injunctions and damages proceedings are the more common consequences. This page classifies the four sanction levels and presents the landmark BGH ruling on environmental advertising.
Last updated: 26 May 2026
From the cease-and-desist letter to the official fine — the most likely consequences of an infringement, ordered by frequency.
By far the most common sanction in Germany. The Wettbewerbszentrale, IHK, the Federation of German Consumer Organisations and specialised law firms are active here.
Applied for when the cease-and-desist letter is not accepted or where urgency exists. Common with TV campaigns and high-circulation print advertising.
More likely with larger companies and systematic infringements. The burden of proof for the amount of damages rests with the claimant.
From 27 September 2026 in cases of systematic or grossly negligent infringements. In Germany this is expected to be enforced by the state authorities.
Advertising a product as "climate neutral" without disclosing the offsetting method on the same advertising material is misleading under § 5 UWG. A landmark German Federal Court of Justice (BGH) ruling on environmental claims.
For EU-coordinated CPC enforcement proceedings (Art. 21 Reg. 2017/2394) the EmpCo Directive specifies a statutory maximum of 4% of annual turnover in the affected EU member state; the regular consequences of an infringement are a cease-and-desist demand, an injunction and damages. In practice, sanctions for SMEs are typically considerably lower — the actual amount depends on severity, intent and repetition and is set by the competent authority on a case-by-case basis. The legal fees in cease-and-desist cases are more reliably predictable.
Competitors, qualified business associations (Wettbewerbszentrale, IHK), consumer protection associations (e.g. Deutsche Umwelthilfe, vzbv) and, from 2026, the market surveillance authorities as well. A cease-and-desist letter typically costs €1,000–5,000.
The official fines arising from the EmpCo Directive only become applicable from 27 September 2026. German courts have already issued cease-and-desist obligations for misleading environmental advertising today (BGH Katjes I ZR 98/23; OLG Frankfurt 6 U 104/22). The financial impact today is: legal fees and the devaluation of advertising.
Yes, provided you are responsible for advertising directed at end consumers. Anyone who, as a manufacturer, advertises with environmental claims is also liable for the advertising of their resellers — manufacturer materials (data sheets, images, copy) must therefore be compliant.
As a rule, a cease-and-desist letter is sent first, demanding that the practice be stopped and the legal fees reimbursed. Anyone who submits the cease-and-desist declaration and removes the claim can usually conclude the matter cheaply. Anyone who ignores or delays risks a preliminary injunction with significantly higher costs.
Real cases, amounts in dispute and immediate measures after a cease-and-desist letter.
The full breakdown with timeline, obligations and sanctions.
50 points for less exposure to cease-and-desist letters.
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Empcora is a pure checking and documentation service and provides general information only on the legal situation based on the EmpCo Directive (EU 2024/825) and the unfair-competition / consumer-protection law transposing it in your jurisdiction including references. This is not individual legal advice and includes neither the rewriting nor the drafting of texts. No liability or warranty is assumed for the correctness, completeness or up-to-dateness of the analysis, nor for any legal consequences. The legal assessment of an individual case rests with an admitted law firm or lawyer.
