In its ruling of 6 April 2017, the BGH decided that the energy efficiency class must be directly and, above all, clearly recognizable in online advertising for electrical appliances (case reference: I ZR 159/16). The BGH thus overturned the decisions of Landau Regional Court and Zweibrücken Higher Regional Court. The case was brought by the German Federation of Consumer Organizations (vzbv) against a DIY chain.

DIY chain uses advertising for electrical appliances without directly stating the energy efficiency class

The DIY chain advertised air conditioners for sale in its online store. Instead of stating the energy efficiency class directly, the DIY chain merely placed a hyperlink that provided more detailed information about the product on demand. The energy efficiency class could then also be viewed under this link.

For consumer advocates, the DIY chain’s practice violated the relevant EU regulations, which regulate energy consumption labeling in more detail. According to these regulations, the efficiency class must also be directly recognizable in advertising.

No indication that link also contains the energy efficiency class

The problem in this case was not that an indirect energy efficiency class labeling was provided by placing the hyperlink. Rather, the BGH criticized the fact that the hyperlink “More about the product” did not make it clear that it also concealed information about the energy efficiency class.

However, the vzbv did not only take action against this DIY chain. Other DIY chains and other companies were also initially warned, but then issued a declaration to cease and desist with a penalty clause. Only two DIY chains defended themselves and did not want to directly state the energy efficiency class for air conditioners with particularly high power consumption.

Parallel proceedings – BGH agrees with Cologne Regional Court

However, in parallel proceedings against a DIY chain, the Cologne Regional Court clearly stated that the information practice at the time did not meet European requirements (case no. 31 O 112/15).

Since August 1, 2017, new regulations for the labeling of electrical appliances have been in force in all EU member states. The new regulation not only stipulates a gradual return to the old energy efficiency class scale – which only goes from A-G – but also contains far-reaching requirements for online advertising.