Misleading CO2 Compensation Advertising by Eurowings – Decision of the Higher Regional Court of Düsseldorf
The Higher Regional Court of Düsseldorf ruled on December 16, 2025 (Case No. I-20 U 38/25) on an advertising statement by the airline Eurowings regarding alleged CO2 compensation. The central issue was whether the advertising message used by the company misleads consumers about the environmental impact of the air travel offered or suggests climate neutrality that does not in fact exist.
Facts and Disputed Advertising
Eurowings advertised that customers could achieve a practically “climate neutral flight” by booking a paid CO2 compensation. The advertisement gave the impression that the CO2 emissions caused by the flight could be offset immediately and completely.
The Competition Centre objected to this advertising statement. In its view, Eurowings creates the false impression of a complete and immediate compensation of the emitted emissions. In reality, only a portion of customers’ payments is reinvested in climate protection projects, the environmental effects of which are delayed or even uncertain.
Decision of the Higher Regional Court of Düsseldorf
The Higher Regional Court of Düsseldorf determined in its judgment that the disputed advertising is misleading. According to the court, due to the formulations used by Eurowings, the addressed customers would expect an immediate and comprehensive neutralization of the greenhouse gas emissions associated with the flight. However, the actual compensation measures do not meet these expectations.
The Higher Regional Court specifically emphasized that the depiction of climate neutrality in the context of the advertised flights creates an inaccurate idea among consumers. The compensation measures are not carried out simultaneously with the flight, but rather usually involve the support of long-term environmental projects. The impression of an immediate climate effect suggested by this is, in the court’s opinion, incorrect and likely to influence consumer behavior in the market.
Furthermore, it was criticized that the advertisement did not provide sufficient information about how and to what extent the compensation actually takes place. The requirements for a permissible environmental advertising statement are not fulfilled; rather, there is an undue influence within the meaning of competition law regulations.
The proceedings were decided by judgment following a public court hearing. According to current knowledge at the time of publication, an appeal was not permitted.
Consequences for Business Advertising Practices
The decision underscores the high requirements for transparency and factual accuracy regarding environmental advertising statements. Companies advertising sustainable or climate-friendly products or services are obliged to provide precise and truthful information about the actual extent of their measures. According to the court, the suggested absolute and immediate climate neutrality of a service such as air travel requires clear and complete information about the compensation mechanisms used and their actual effects.
Information for Companies on Avoiding Competition Law Risks
In view of the increasing importance of sustainable corporate communication, clear and transparent statements are of central importance to minimize competition law objections and the risk of legal disputes. The full judgment is available at urteile.news under the case number I-20 U 38/25.
For companies wishing to advertise environmentally related or sustainable services, the current decision is an impetus to carefully review the respective communication strategies and align them with relevant regulatory requirements. This enables a legally secure market presence.
For further information or in case of legal questions regarding advertising and fairness, MTR Legal law firm is available with its advisory practice. You can find competent legal advice on competition law at https://www.mtrlegal.com/offices/deutschland/wettbewerbsrecht/.
