Definition and Legal Basis of the Blue Angel
Der Blue Angel is a German environmental label introduced in 1978 and considered the oldest environmental label in the world. It identifies products and services whose environmental compatibility exceeds legal standards. Besides serving as consumer information, the Blue Angel also holds significant legal relevance, impacting companies that use the seal, consumers, and matters of competition and procurement law.
Purpose and Legal Significance
The Blue Angel is intended to provide guidance for consumers and purchasers to easily identify environmentally friendly and sustainable products and services. Legally, the Blue Angel is a voluntary labelling system. Its designation and use are subject to specific obligations and controls, particularly relevant in the context of trademark law, competition law, and procurement law.
Legal Sponsorship and Institutions
Institutional Structure
The legal sponsor of the Blue Angel brand is the Federal Republic of Germany, represented by the Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (BMUV). The following institutions are involved in its awarding and administration:
- German Institute for Quality Assurance and Labelling (RAL): Responsible for organisational processing and awarding.
- Federal Environment Agency (UBA): Develops the awarding criteria and initiates their adaptation.
- Environmental Label Jury: Independent panel that decides on the awarding.
Each of these bodies has specific tasks in the awarding process that are precisely defined within the legal framework.
Legal Basis
The legal framework is based on:
- the trademark rights for the environmental label (Trademark Act, MarkenG),
- the statutes and awarding regulations of RAL gGmbH,
- the respective awarding criteria,
- competition law (Act Against Unfair Competition, UWG),
- additional regulations such as the Product Liability Act (ProdHaftG) and the Environmental Information Act (UIG).
Protection by Trademark Law
Status as a Trademark
The Blue Angel is registered as a collective trademark under German trademark law (§ 3 MarkenG). The scope of protection includes the word/picture mark, the figurative mark, as well as any reference to the Blue Angel. Unauthorised use is prohibited under § 14 MarkenG and may result in civil and criminal consequences.
Prohibition of Misleading Labelling
Products and services may only bear the Blue Angel if the strict awarding criteria are fully met and checked by the competent bodies. Unlawful use constitutes trademark infringement and in most cases also amounts to misleading consumers under § 5 UWG.
Approval and Awarding Procedure
Application and Evaluation
Labelling with the Blue Angel is only possible following a successful application. Companies must prove that their product or service meets all awarding criteria. The evaluation generally covers technical, ecological, and sometimes social aspects. The Federal Environment Agency develops and regularly reviews the criteria. The decision to award is made by the Environmental Label Jury.
Contractual Basis and Obligations
Upon a successful award, a special labelling contract is concluded between the company and RAL. This contract binds the company to comply with the requirements, perform self-monitoring, and regularly provide evidence. The criteria are regularly adjusted, and companies are obliged to implement any changes to retain the label permanently.
Monitoring and Sanctions
RAL and UBA continuously monitor compliance with the criteria. In case of violations, sanctions may follow, including withdrawal of the seal, claims for damages, or injunctions by third parties. In cases of repeated offences, further competition and trademark law disputes may arise.
The Blue Angel in Competition Law
Effect on Consumers and Competitors
Using the Blue Angel serves as a positive unique selling point in the market. At the same time, companies must ensure that their statements are always truthful and do not mislead consumers.
Legal Consequences of Misuse
If the Blue Angel is used without authorisation, affected competitors or associations may take legal steps under the UWG. This includes claims for injunctions, removal, and damages. Associations and consumer centres also have the right to take legal action.
Significance in Procurement Law
Relevance for Public Contracts
In the field of public procurement, the Blue Angel holds particular legal significance. Public contracting authorities can be required under procurement law (especially § 31 Regulation on the Award of Public Contracts, VgV) to engage in environmentally conscious procurement. The Blue Angel label can serve as evidence for environmental characteristics and thus constitutes a relevant criterion for award decisions.
Permissibility in Tenders
Tender documents may refer to the Blue Angel as evidence for specific ecological requirements. However, alternatives with equivalent evidence must be accepted in accordance with EU procurement law to avoid discrimination.
Liability and Product Safety
Product Liability and Duties of Care
The Blue Angel does not constitute a general exemption from liability. Responsibility for product safety and compliance with all statutory requirements remains with the company. Unauthorised use can have negative implications under product liability, especially for products promoted as particularly environmentally friendly.
Significance in the International Context
The Blue Angel is considered an international role model for environmental labels. Its legal structure is discussed and, in some cases, used for harmonisation in the context of international trade relations—both at the European level (EU Ecolabel) and globally (ISO 14024).
Summary
The Blue Angel is an environmental label comprehensively regulated by law, subject to extensive trademark, competition, procurement, and product liability requirements. Its awarding is based on transparent and regularly reviewed criteria, compliance with which is enforced both contractually and legally. The legal significance of the Blue Angel extends to consumer information, promotion of competition, sustainable public procurement, and product safety. Companies and institutions should observe the comprehensive legal framework to make legally compliant use of the label’s benefits.
Frequently Asked Questions
Who is legally responsible for awarding the Blue Angel environmental label?
The German Institute for Quality Assurance and Labelling e.V. (RAL), as the trademark holder, is primarily responsible for the legal awarding of the Blue Angel environmental label. RAL grants the label based on evaluation criteria that are precisely defined in so-called awarding criteria (RAL-UZ). The criteria are developed and regularly updated by the Federal Environment Agency in a transparent participatory process. The awarding rules of RAL are legally binding and regulate, among other things, who can apply, how the awarding procedure works, what obligations licensees must fulfill, and how to proceed in cases of misuse. The contractual basis for use of the label is a usage agreement concluded between the manufacturer or provider and RAL. The contractual relationship is under civil law and may be terminated in the event of breaches of the requirements.
What legal requirements must products meet to be awarded the Blue Angel?
Products and services seeking to bear the Blue Angel must fulfill detailed awarding criteria that are regularly developed and reviewed by the Federal Environment Agency in cooperation with independent experts. These requirements concern, among other things, environmental aspects such as resource use, recyclability, pollutant emissions, energy efficiency, and socially responsible production conditions. The criteria are binding and legally established; failure to meet them results in rejection of the application or withdrawal of the label. In addition, the contract concluded with RAL imposes certain obligations on the manufacturer to provide evidence. Compliance with the criteria may be verified by spot checks; violations are subject to legal sanctions and, in the event of serious infringements, can result in immediate termination of the label’s use.
What are the legal consequences of improper use of the Blue Angel?
Improper use of the Blue Angel—for example, usage without a valid contract or when awarding criteria are no longer met—constitutes a violation of trademark and competition law provisions. RAL is the owner of the ‘Blue Angel’ trademark and can assert both civil law claims for injunction and damages as well as initiate criminal proceedings. Under the Act Against Unfair Competition (UWG), high fines and claims for damages may apply. Competitors or consumer protection organisations may also bring legal action for injunctions. Companies must be able to prove their use and provide all necessary documentation upon request.
Is there a legal obligation for manufacturers to seek the Blue Angel?
There is no statutory obligation for manufacturers or retailers to have their products certified with the Blue Angel. Participation in the awarding process is voluntary and initiated upon application by the manufacturer. However, licensees are contractually obliged by the agreement with RAL to comply with all requirements during certification and to promptly report any product changes affecting certification. Externally, possession of the label may be a prerequisite in public tenders if the procurement documents expressly refer to environmental labels—in this case, the legal provisions on public procurement apply.
How long is the authorisation to use the Blue Angel legally valid?
Authorisation to use the Blue Angel is usually for a limited duration and is based on the validity of the awarding criteria, which generally ranges between three and four years. Upon expiry of validity, a new application and evaluation are required if the manufacturer wishes to continue to use the label. The relevant contract determines the precise term and includes a termination provision. If the awarding criteria change during the contract period, licensees must prove that their products meet the new requirements; otherwise, the right to use the label is forfeited. Use beyond the contractually agreed period is not permitted and may result in legal action.
What legal obligations apply to companies after receiving the Blue Angel?
After successful awarding of the Blue Angel, the licensee assumes various legal obligations. These include strict compliance with the product specifications set out in the contract, as well as the obligation to disclose changes, such as in the composition or manufacturing of the product, that could affect compliance with the awarding criteria. There is also an obligation to label all products bearing the Blue Angel in a way that does not mislead consumers (§ 5 UWG). The company must keep all relevant documentation for certification on hand for inspection and enable RAL or designated bodies to conduct spot checks. In case of violations, sanctions apply up to and including withdrawal of authorisation to use the label and potential claims for damages.
