CONSUMERS – The ECJ on energy labelling for ovens and range hoods

Newsletter n. 90 – November 2023

CONSUMERS

The ECJ on energy labelling for ovens and range hoods

On 5 October 2023, the European Court of Justice (ECJ) issued its judgment in case C-761/22 (Verband Wirtschaft im Wettbewerb) providing its interpretation with regard to Article 6 of Regulation (EU) 2017/1369 on energy labelling requirements. The ECJ held that suppliers and dealers of domestic ovens and range hoods must make reference, in their visual advertisements or their technical promotional material, to both the energy efficiency class of the product concerned and the range of energy efficiency classes shown on the relevant product group label. With respect to the ways in which references to the classes and the ranges should be made, the Court acknowledges that suppliers and dealers have a certain margin of discretion, within confined limits. Notably, the advertisement must, as far as possible, adopt the same presentation of classes and ranges as that shown on the energy label of the oven or range hood concerned. In any event, if such a presentation is not feasible, the class and range must appear in a legible and visible manner and must be configured to meet consumer information requirements (i.e., it may mention, in a clear manner, the class and range by means of an expression easily understandable to the average consumer who is reasonably well-informed, observant and circumspect).