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Eight key aspects to know about the EU Ecodesign for Sustainable Products Regulation

The new Ecodesign for Sustainable Products Regulation1 ("ESPR"), which entered into force on 18 July 2024, is set to significantly reshape the regulatory landscape for companies operating in the European Union ("EU"). As part...more

Navigating the New Era of Greenwashing Regulations in the Fashion Industry

In recent years, sustainability and ESG compliance have become pivotal factors in consumer purchasing decisions. The luxury fashion industry, as a significant contributor to CO2 emissions, faces increasing scrutiny in this...more

Luxury and ESG: Navigating the New EU Legal Landscape in the Fashion and Luxury Goods Industry

Due to the increased importance of sustainability, environmental protection and social factors in recent years, the luxury industry has found itself at a crossroads of tradition and transformation. Once characterized...more

German Federal Court of Justice Significantly Increases Standard for Legitimate Environmental Benefit Claims

German companies must clarify the meaning of a "climate neutral" claim directly in advertisements. For the first time, the German Federal Court of Justice ("FCJ") has established a standard for the legitimacy of environmental...more

ESG in the Consumer & Retail Industry – Key Legal Issues and Risks

The importance of environmental, social, governance ("ESG"), in particular from the perspective of consumers, stakeholders and regulators, is growing across all industries, and the consumer & retail industry is no exception....more

ESG liability and litigation risks with a focus on Germany: Greenwashing

The European Commission ("Commission") is relentless in its fight against Greenwashing and the misrepresentation of sustainability impacts or benefits of a company’s products or actions. Following the global ESG trend and the...more

Disagreement rather than consensus: The concrete implementation of the Directive on representative actions remains unclear

When two people quarrel, someone else has the last laugh. It remains to be seen whether this saying proves true in the case of the transposition of the EU Directive on representative actions (EU 2020/1828) ("the Directive")...more

German Court hears case of farmer suing a major car manufacturer over greenhouse gas emissions

On 20 May 2022, the Regional Court of Detmold heard a climate change complaint brought by a farmer against a major German automotive car manufacturer. The plaintiff claimed that the defendant’s production of gas-fueled...more

German Federal Constitutional Court Refuses to Hear Climate Activists’ Complaints

On 2 February 2022, the German Federal Constitutional Court ("GFCC") published an order dated 18 January 2022 by which it refused to hear the case of eleven constitutional complaints of young climate activists. The complaints...more

German Climate Activists File Climate Change Lawsuits Against Major German Car Manufacturers To Prohibit Selling Combustion Engine...

At the beginning of September 2021, climate activists affiliated with German NGO Deutsche Umwelthilfe ("DUH") sent pre-action letters to major German car manufacturers Daimler and BMW and to Wintershall, Germany's largest oil...more

NGOs Target German Companies to Reduce GHG Emissions

On 2 and 3 September 2021, activists from Greenpeace, Fridays for Future and the German NGO Deutsche Umwelthilfe sent pre-action letters to three major German car manufacturers and Germany's largest oil & gas producer...more

The New Corporate Due Diligence Act: Potential Liability under Civil Law and Administrative Law

The key aspects of the German Act on Corporate Due Diligence Obligations in Supply Chains ("LkSG" or "Act") have already been explained in our previous Client Alert. In the following, we will take a closer look at the...more

The new EU representative action from a German perspective – not a sudden, but a gradual revolution

It took longer than expected, although not primarily because of the COVID-19 pandemic. More than two years after the EU Commission submitted its first proposal, the Directive on representative actions was adopted by the...more

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