Advertising for new passenger cars must include fuel or energy consumption, CO2 emissions and – since 2024 – the CO2 class.
Legal framework
- Pkw-EnVKV (new version in force since 23 Feb 2024): WLTP values and CO2 class in advertising, also online and on social media
- PAngV: total price including transfer costs where these are mandatory
Case law (on the previous version, applicable in substance)
- BGH, 1 April 2021, I ZR 115/20 – the duty depends on the advertised model, not the car pictured; it applies even if the dealer cannot deliver it
- BGH, 4 July 2019, I ZR 149/18 – a reference to a guide in the showroom does not replace the information online
Case examples
Facebook post of a sports car
A dealer posts a new model on Facebook without consumption values. This breaches the Pkw-EnVKV.
Leasing offer
A leasing rate is advertised without the mandatory consumption and CO2 information. Leasing ads are covered too.
