trade-e-bility already reported that disregarding the labelling and information obligations in connection with energy consumption labelling is reason for an admonition and should therefore be avoided. For instance, one competition association has already issued admonitions to retailers of electrical appliances in this field.
As the law firm Internetrecht Rostock now informs, the LANUV (see below) seems to proactively check internet offerings, e.g. on eBay, for the Act on the Labelling of Energy Consumption-Related Products, Motor Vehicles and Tyres with Information on Consumption of Energy and Other Important Resources (Energy Consumption Labelling Act – EnVKG). The German federal state authorities are responsible for compliance with the EnVKG. In North Rhine-Westphalia, for example, this is the North Rhine-Westphalian State Office for Nature, Environment and Consumer Protection (LANUV).
When offering so-called energy-relevant goods (an overview of the appliances concerned can be found here) there are complex requirements for energy consumption labelling. Among other things, the energy label and the product data sheet must be displayed, as well as information within the energy label, the so-called nested display. Wherever the product is advertised, information about the energy efficiency class must be provided. The offer itself must supply information about the energy efficiency class, the energy label and the product data sheet.
The information on the energy efficiency class must be provided in exactly the same form as prescribed for the appliance. Implementation in an Internet shop is complex in practice. In the case of sales platforms such as eBay, Amazon or Kaufland, etc., this information is usually provided by the platform operators, although the lawyers from Internetrecht Rostock know from their consulting experience that the presentation sometimes does not work properly in practice.
A violation of the information requirements for energy-relevant products may not only violate competition law; it may also be an administrative offence under Section 8 EnVKV read in conjunction with Section 15 (1) EnVKG. A fine of up to 50,000.00 euros may be imposed.
The consultancy team at trade-e-bility will be pleased to advise you about solutions with which you can secure your sales success in the field of product safety. Please call +49/40/750687-300 or send an e-mail to email@example.com