---
title: "A competitor complained about our environmental claim"
description: "Competitors may take legal action or complain to an authority over an unfair commercial practice under Directive 2005/29/EC, and courts can order a claim stopped, also by accelerated procedure and without proof of loss or intent. They can also require you to prove the claim. Assess the complaint against the text, assemble the evidence quickly, and decide whether to defend, correct or withdraw the claim."
type: "problem"
url: "https://www.conphora.com/solutions/problem/competitor-complaint-claim/"
markdown: "https://www.conphora.com/solutions/problem/competitor-complaint-claim.md"
locale: "en"
language: "en"
updated: "2026-10-04"
author: "Conphora compliance team"
publisher: "Conphora"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02005L0029-20260927"
tags: ["sustainability-claims"]
license: "Free to quote with attribution and a link to the page"
---

# A competitor complained about our environmental claim

Competitors may take legal action or complain to an authority over an unfair commercial practice under Directive 2005/29/EC, and courts can order a claim stopped, also by accelerated procedure and without proof of loss or intent. They can also require you to prove the claim. Assess the complaint against the text, assemble the evidence quickly, and decide whether to defend, correct or withdraw the claim.

## Why this happens

Enforcement of the Unfair Commercial Practices Directive, Directive 2005/29/EC, does not rest with authorities alone. Member States must ensure that persons or organisations with a legitimate interest in combating unfair commercial practices, including competitors, may take legal action against them or bring them before an administrative authority (Article 11(1)). Each Member State decides which of these routes is available and whether prior recourse to other means, such as code owners, can be required. [1]

The powers available are wide. Courts or administrative authorities can order the cessation of an unfair practice, or prohibit one that is imminent, even without proof of actual loss or damage or of intention or negligence on the part of the trader, and under an accelerated procedure with interim or definitive effect (Article 11(2)). After a final decision, they may be empowered to require publication of the decision and a corrective statement. They can also require the trader to furnish evidence of the accuracy of factual claims and treat the claims as inaccurate if the evidence is not furnished or insufficient (Article 12). [1]

The substance of a complaint about a green claim is usually one of two things. Either the claim is on the list of practices unfair in all circumstances added by Directive (EU) 2024/825 and applied from 27 September 2026, such as an uncertified sustainability label (Annex I point 2a) or a generic environmental claim without recognised excellent environmental performance (point 4a), or the competitor argues that the claim misleads the average consumer about environmental characteristics or circularity aspects (Article 6(1)(b)). A listed practice needs no assessment of its effect on consumers (Article 5(5)). [1][3]

Where the claim compares your product with the competitor's, Directive 2006/114/EC applies too. Comparative advertising is permitted only when it meets all the conditions in Article 4, including that it is not misleading, compares goods meeting the same needs, and objectively compares material, relevant, verifiable and representative features. Member States give competitors the means to act against misleading and unlawful comparative advertising (Article 5), and courts may require the advertiser to furnish evidence of factual claims, in comparative advertising within a short period (Article 7). [2]

Self-regulatory bodies may handle such complaints as well, but only in addition to court or administrative proceedings (Directive 2005/29/EC Article 10; Directive 2006/114/EC Article 6). [1][2]

## How to solve it

1. **Pin down what exactly is challenged** Identify the claim, the channel and the date the competitor relies on, the rule it invokes and the forum: a letter, a self-regulatory body, an administrative authority or a court. Claims to consumers fall under the UCPD; claims to business buyers and comparisons with a competitor also under Directive 2006/114/EC.
2. **Secure the claim as it was published** Save dated copies of the claim on every channel where it appeared, with the images and labels around it. You will need to show what consumers actually saw, not the current version of the page.
3. **Test the claim against the rules** Check first whether the claim falls under a practice banned in all circumstances, such as an uncertified sustainability label or a generic claim. Then check whether it could mislead the average consumer. For a comparison, check that it compares like with like on material, verifiable and representative features.
4. **Assemble the evidence fast** Collect the test reports, certificates, calculations and scheme documents that support the claim as worded. A court can require them, and in comparative advertising it can require them within a short period. Missing or insufficient evidence lets the claim be treated as inaccurate.
5. **Decide whether to defend, correct or withdraw** Defend a claim that the evidence fully supports. Narrow a claim to what the evidence shows, or withdraw it from all channels. Get legal advice on the national procedure, because each Member State decides which forums and procedures are available.

## What you need to show

- **Dated copies of the challenged claim on every channel** — Marketing and e-commerce (Directive 2005/29/EC Article 2(d))
- **The evidence file for the claim as worded** — The owner of the claim (Directive 2005/29/EC Article 12; Directive 2006/114/EC Article 7)
- **Method and scope of any comparison** — The team that made the comparison (Directive 2006/114/EC Article 4; Directive 2005/29/EC Article 7(7))

## If you do nothing

- **An order to stop, even quickly** — Courts or authorities can order the cessation of an unfair practice, or prohibit one that is imminent, even without proof of actual loss or damage or of intention or negligence, and these measures can be taken under an accelerated procedure (Directive 2005/29/EC Article 11(2)).
- **Publication of the decision and a corrective statement** — To eliminate the continuing effects of a practice whose cessation was ordered by a final decision, Member States may let courts or authorities require publication of the decision and a corrective statement (Directive 2005/29/EC Article 11(2)).
- **No evidence, no claim** — Courts and authorities can require the trader to furnish evidence of the accuracy of factual claims and consider them inaccurate if it is missing or insufficient (Directive 2005/29/EC Article 12; for advertising to traders, Directive 2006/114/EC Article 7).
- **Penalties and consumer remedies** — Member States set effective, proportionate and dissuasive penalties, and consumers harmed by unfair practices have access to remedies such as compensation or a price reduction (Directive 2005/29/EC Articles 11a and 13).

## Questions

### Can a competitor act on advertising aimed at consumers?

Yes. Member States must provide legal means under which persons with a legitimate interest, including competitors, may take legal action against unfair commercial practices or bring them before a competent administrative authority (Directive 2005/29/EC Article 11(1)).

### Does the competitor have to prove that it lost sales?

Not for an order to stop. The measures under Article 11(2) of Directive 2005/29/EC can be taken even without proof of actual loss or damage or of intention or negligence on the part of the trader. Claims for damages depend on national law.

### Our claim compares us with the competitor. Do other rules apply?

Yes. Among other conditions, comparative advertising is permitted only if it is not misleading, compares goods meeting the same needs, objectively compares material, relevant, verifiable and representative features, and does not discredit the competitor (Directive 2006/114/EC Article 4). The court may require the evidence within a short period (Article 7).

### Is a self-regulatory complaint the same as a court case?

No. Control by code owners or self-regulatory bodies may exist in addition to court or administrative proceedings, but recourse to them never replaces those means of redress (Directive 2005/29/EC Article 10; Directive 2006/114/EC Article 6).

### Which claims are most exposed since 27 September 2026?

Those on the list of practices that are unfair in all circumstances, added by Directive (EU) 2024/825: uncertified sustainability labels, generic claims without recognised excellent environmental performance, whole-product claims based on one aspect, offset-based climate claims about a product, and legal requirements presented as a distinctive feature (Annex I points 2a, 4a to 4c and 10a).

## Sources

1. [Directive 2005/29/EC on unfair business-to-consumer commercial practices (consolidated text of 27 September 2026)](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02005L0029-20260927) — EUR-Lex, 2026-10-04
2. [Directive 2006/114/EC concerning misleading and comparative advertising](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32006L0114) — EUR-Lex, 2026-10-04
3. [Directive (EU) 2024/825 on empowering consumers for the green transition](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024L0825) — EUR-Lex, 2026-10-04