On 18.02.2024, Directive (EU) 2024/825 amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and through better information was adopted. The provisions in the area of competition law contained in this Directive, often referred to as the EmpCo Directive, which in particular contain the first specific provisions on green claims, have already been discussed relatively widely in specialist circles (especially online). However, the new information obligations towards consumers, which are introduced in Art. 2 of the EmpCo Directive by means of amendments to the Consumer Rights Directive 2011/83/EU, have so far received little attention.
A. Information obligations in stationary and distance selling trade
Art. 2 No. 2 of the EmpCo Directive contains the following changes in particular with regard to the information obligation regulated in Art. 5 para. 1 of the Consumer Rights Directive for over-the-counter trade:
‘point (e) is replaced by the following:
‘(e) a reminder of the existence of the legal guarantee of conformity for goods and its main elements, including its minimum duration of two years as provided in Directive (EU) 2019/771, in a prominent manner, using the harmonised notice referred to in Article 22a of this Directive;’
(b) the following points are inserted:
‘(ea) where the producer offers the consumer a commercial guarantee of durability at no additional cost, covering the entire good and with a duration of more than two years and makes that information available to the trader, the information that that good benefits from such a guarantee, its duration and a reminder of the existence of the legal guarantee of conformity, in a prominent manner, using the harmonised label referred to in Article 22a; …’.
In the area of distance selling, i.e. in particular in online commerce, Art. 2 No. 3 of the EmpCo Directive contains corresponding amendments to the Consumer Rights Directive:
‘(b) point (l) is replaced by the following:
‘(l) a reminder of the existence of the legal guarantee of conformity for goods and its main elements, including its minimum duration of two years as provided in Directive (EU) 2019/771, in a prominent manner, using the harmonised notice referred to in Article 22a of this Directive;’;
(c) the following points are inserted:
‘(la) where the producer offers the consumer a commercial guarantee of durability at no additional cost, covering the entire good and with a duration of more than two years, and makes that information available to the trader, the information that that good benefits from such a guarantee, its duration and a reminder of the existence of the legal guarantee of conformity, in a prominent manner, using the harmonised label referred to in Article 22a;…’.
In future, therefore, in B2C transactions, not only must information be provided on the existence of the warranty right as such, but reference must also be made to its minimum duration and to the essential elements of the warranty. This information must be emphasised. If the manufacturer grants a commercial guarantee of durability, this and its duration must also be indicated.
B. Europe-wide harmonised notification and labelling
In addition to expanding the content of these information obligations, the EU Commission will also specify the form and content of this information in detail for the first time. This will be done by means of implementing acts with which the Commission will define EU-wide harmonised notifications respectively labelling. These harmonised samples must then be used by the obligated companies. This is regulated in the newly introduced Art. 22a of the Consumer Rights Directive:
‘Article 22a
Harmonised notice and harmonised label
1. In order to ensure that consumers are well informed and can easily understand their rights throughout the Union, a harmonised notice shall be used for the provision of information pursuant to Article 5(1), point (e), and Article 6(1), point (l), and a harmonised label shall be used for the provision of information pursuant to Article 5(1), point (ea), and Article 6(1), point (la).
2. By 27 September 2025 the Commission shall, by means of implementing acts, specify the design and content of the harmonised notice referred to in paragraph 1.
3. The harmonised notice shall contain the main elements of the legal guarantee of conformity, including its minimum duration of two years as provided in Directive (EU) 2019/771 and a general reference to the possibility that the duration of the legal guarantee of conformity is longer under national law.
4. By 27 September 2025 the Commission shall, by means of implementing acts, specify the design and content of the harmonised label referred to in paragraph 1. …’
As can be seen from the above quote, the Commission will establish these harmonised notifications and markings by 27.09.2025. The new labelling obligations will then apply from 27.09.2026 (in accordance with Art. 4 para. 1 subpara. 2 of the EmpCo Directive). Retailers should be prepared for this, also in order to avoid warnings and legal proceedings on these issues.
Do you have any questions about this news item or would you like to discuss it with the author? Please contact: Dr Florian Niermeier
