Electronics retailers must show energy labels in advertising and comply with take-back and labelling duties.
Legal framework
- Energy Labelling Regulation (EU) 2017/1369, Art. 6: efficiency class and range in visual advertising; online label display rules
- ElektroG: crossed-out wheeled bin symbol, information and take-back duties
- Batteries: EU Batteries Regulation 2023/1542 and BattDG
Case law
- BGH, 11 March 2026, I ZR 28/25 – retailers are liable for Google Shopping ads placed on their behalf
- BGH, 28 Nov 2019, I ZR 23/19 – battery registration duties are rules on market conduct
Case examples
Shopping ad without label
A product feed lacks the energy class, so Google ads appear without it. The retailer is liable.
Prospectus without efficiency class
A TV is shown in a printed brochure with price but without efficiency class. This breaches the labelling rules.
