A competitor complained about our environmental claim

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]