Transitional rule for certain goods added to the UWG
Shortly before the legislative procedure was completed, the Bundestag (German Federal Parliament) added an additional transitional rule to the Gesetz gegen den unlauteren Wettbewerb (UWG, German Act Against Unfair Competition). The new § 15b UWG concerns certain goods that had already been placed on the market before the relevant cut-off date and contain sustainability claims that may no longer be permissible in the future.
The provision is connected with the new requirements for sustainability advertising, which are based on Directive (EU) 2024/825. These requirements were implemented in Germany by the Dritte Gesetz zur Änderung des UWG (Third Act Amending the UWG) of 12 February 2026 and apply, in essence, from 27 September 2026.
Legislative procedure and insertion of § 15b UWG
Inclusion via the Design Rights Act
The vehicle legislation for the new § 15b UWG is the government draft of an act to modernise design law. The Bundestag adopted the draft on 24 September 2026 in the version recommended for adoption by the Rechtsausschuss (Legal Affairs Committee). Following the committee amendment, the official title of the Act is “Gesetz zur Modernisierung des Designrechts und zur Änderung des Gesetzes gegen den unlauteren Wettbewerb” (“Act to Modernise Design Law and to Amend the German Act Against Unfair Competition”, translation for information purposes).
The statutory text provides for § 15b to be inserted expressly after § 15a UWG. The insertion of § 15b UWG is contained in Article 5 of the Act (“Änderung des Gesetzes gegen den unlauteren Wettbewerb”); Article 6 (“Weitere Änderung des Gesetzes gegen den unlauteren Wettbewerb”, further amendment of the German Act Against Unfair Competition) repeals the provision with effect from 27 September 2028.
Late addition in committee
§ 15b UWG was not part of the original government draft. The provision was inserted by an amendment in the Committee on Legal Affairs and Consumer Protection. The Legal Affairs Committee adopted the amended draft on the morning of 23 September 2026, one day before the final vote in plenary.
The Act was then submitted to the Bundesrat (Federal Council) as BR-Drucksache 562/26 (Bundesrat printed matter 562/26). The Bundesrat addressed this Act, among other matters, at its 1069th session on 16 October 2026. At that session, the Bundesrat resolved not to request the convening of the Mediation Committee under Art. 77(2) of the Basic Law (BR-Drucksache 562/26 (Beschluss)); for § 15b UWG to enter into force, the Act still had to be signed and published in the Bundesgesetzblatt (Federal Law Gazette). The provision is in any event intended to take effect from 27 September 2026.
Objective of the special rule for legacy goods
Avoiding disproportionate destruction
The transitional rule is intended to prevent goods already on the market from having to be destroyed solely because of environmental advertising claims that will be impermissible in the future. During the legislative procedure for the Act implementing the UWG amendments, the Bundesrat had already pointed to companies’ production cycles and the risk that pre-produced packaging and products would have to be disposed of on a considerable scale.
The explanatory memorandum to the amendment addressed risks in particular in relation to so-called “slow movers”, such as books. This refers to goods that experience has shown are sold over a longer period of time.
No general postponement for advertising
The provision applies only to goods. For other advertising measures, 27 September 2026 remains the relevant cut-off date. These include in particular:
- websites,
- online shops,
- social media channels,
- catalogues,
- poster advertising.
These forms of advertising must meet the new requirements from the cut-off date. § 15b UWG does not provide for any additional transitional period for online or print advertising.
Content and scope of § 15b UWG
Proportionality assessment in the individual case
§ 15b UWG excludes a claim for injunctive relief due to infringements relating to products where such a claim would be disproportionate after balancing all interests. It therefore does not create a general sell-off period. Rather, the assessment of the individual case remains decisive.
Under the Act, the following aspects in particular must be taken into account in the balancing exercise:
- the seriousness of the infringement,
- the effort and costs required to remedy the infringement,
- the environmental impact associated with destroying the goods.
The special rule is intended to allow claims for injunctive relief during a transitional period until September 2028 only where this is proportionate. However, it does not create complete protection against consequences under unfair competition law. The infringement as such remains in place; only the enforcement of the claim for injunctive relief is modified as part of the court’s assessment in the specific case.
Temporal and substantive limitation
The effect of § 15b UWG is limited to goods that were placed on the market before 27 September 2026. In addition, the provision itself is limited in time and applies only for a period of two years.
The scope of application therefore remains narrow. In particular, it does not cover new goods that are placed on the market only after the cut-off date, nor other advertising materials outside the stock of goods.
Background: New requirements for sustainability advertising
Implementation of the EmpCo Directive
The new rules on sustainability advertising are based on the European EmpCo Directive. According to the Federal Ministry of Justice, the directive’s transposition period ran until 27 March 2026. In Germany, implementation was carried out by the Third Act Amending the UWG of 12 February 2026, the requirements of which apply, in essence, from 27 September 2026.
The rule now envisaged was created only around two and a half years after the directive was adopted in February 2024 and is structured as a limited proportionality rule.
Five key changes in German law
The EmpCo requirements lead in particular to five key changes for German fair trading law:
- Advertising with future environmental performance, such as statements like “climate-neutral by 2050”, will in future be permissible only if realistic implementation plans exist, are publicly accessible and are monitored by independent third parties.
- Generic environmental claims such as “environmentally friendly” will only be possible if they are based on recognised excellent environmental performance, for example the best energy efficiency class.
- Environmental claims such as “climate-neutral” that are based on product-related emissions being offset on a balance-sheet basis are impermissible.
- Advertising using sustainability labels requires those labels to be of governmental origin or based on a legally defined certification scheme.
- A warranty label is intended in future to require companies to provide uniform information on statutory warranty rights in the B2C sector; a guarantee label is intended to provide product-related information on manufacturers’ durability guarantees.
Significance for companies and market participants
§ 15b UWG may be relevant in individual cases for the sell-off of goods already placed on the market that bear sustainability claims which will be impermissible in the future. However, the provision does not establish any general leeway for legacy stock and no additional transitional period for advertising outside the goods concerned. The proportionality assessment, taking into account the statutory criteria, remains decisive.
For companies, investors and other market participants, the new requirements for sustainability advertising may have significant effects on communication, product labelling and distribution. MTR Legal Rechtsanwälte advises on legal issues relating to fair trading requirements and sustainability-related advertising claims as part of its legal advice in competition law.
