Restriction imposed on Lufthansa: Disallowance of particular CO2 claims in promotional materials - Commission Failed to Meet Obligations Stipulated under Article 85 (3) of the Treaty, According to Court of Justice Ruling
Let's dive into the juicy details of a recent legal tussle between a major German airline and the German Environmental Aid (DUH). Here's the lowdown on why Lufthansa can no longer make certain CO2-related advertising claims for flights.
First off, the Cologne Regional Court handed down a ruling that disapproved of Lufthansa using specific CO2 compensation and reduction-related statements in their advertising. The consumer association, German Environmental Aid, was the one who sparked this whole legal donnybrook. The court's decision matter-of-factly granted the commercial organization's complaint against the airline, but the identities of the parties involved remain unnamed—for now, that is. The ruling,, Az. 84 O 29/24 from March 21, 2025, isn't final yet.
So, what got Lufthansa in hot water? Well, the court stated that the company can no longer advertise with the claim, "Offset CO2 emissions through a contribution to climate protection projects," if the explanation of the climate protection projects used states, "All projects ensure that CO2 emissions are either saved or bound from the atmosphere in the long term." In a specific context, the use of the phrase, "With our offers for more sustainable flying, you can reduce your flight-related CO2 emissions directly during booking by using sustainable aviation fuels (SAF)" was also forbidden.
Lufthansa responded with a spokesperson stating, "We've taken note of the ruling and are carefully reviewing it."
The German Environmental Aid cheered the decision as a "significant victory against misleading advertising by Lufthansa." The court agreed with the DUH's argument that Lufthansa's compensation and reduction promises were unsustainable. The DUH's Federal Managing Director Jürgen Resch stated, "The court confirms our criticism. It shows how one of the world's largest airlines systematically deceives its customers and claims to offer climate-neutral flights for an additional fee."
Resch also said, "Flights rank high among climate offenders. Selling a clear conscience for 'indulgence payments' is particularly reprehensible." Passengers are led to believe that they can make their flights carbon-neutral with a sheer payment, an impression that Resch stated is far from reality.
The court criticized Lufthansa for failing to provide clear information on how CO2 emissions from flights are compensated. This lack of transparency left consumers confused about how their payment related to their specific flight booking and the measurement of the CO2 emissions from this booking.
Lufthansa pledged to continue their pursuit of projects and measures aimed at reducing the environmental impact of flights and using resources efficiently. But make no mistake, air travel is considered a significant contributor to climate change. This ruling underscores the importance of accuracy in claiming a flight's carbon footprint.
So, the next time you book a flight and see those claims about carbon neutrality, make sure to vet them carefully. It's crucial to avoid being a victim of greenwashing!
- EC countries might consider implementing stricter regulations on advertising claims for CO2 emissions in vocational training programs for marketing professionals, following the Cologne Regional Court's ruling against Lufthansa.
- Vocational training programs for marketing professionals could include case studies on Lufthansa's contentious advertising claims, using the airline's CO2 compensation and reduction-related statements as examples of misleading or reprehensible greenwashing practices.
- As Lufthansa faces criticism for their lack of transparency in CO2 emissions compensation, environmental organizations in EC countries may start to look for companies offering vocational training in sustainable marketing practices, aiming to combat greenwashing in the advertising industry.
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