Official Journal of the European Union

Series C

C/2023/1117

4.12.2023

(Case C-761/22, (1) Verband Wirtschaft im Wettbewerb)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Reply which admits of no reasonable doubt - Energy - Framework for energy labelling - Regulation (EU) 2017/1369 - Article 6, first paragraph, point (a) - Obligation on suppliers and dealers of a product to make reference, in their visual advertisements, to the energy efficiency class of that product and the range of energy efficiency classes shown on the label for the product group concerned - Direct applicability of that obligation - Margin of discretion available to those suppliers and dealers to comply with that obligation in the absence of the adoption of a delegated act on the basis of that regulation)

(C/2023/1117)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Verband Wirtschaft im Wettbewerb Verein für Lauterkeit in Handel und Industrie e.V.

Defendant: Roller GmbH & Co. KG

Operative part of the order

Point (a) of the first paragraph of Article 6 of Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU

must be interpreted as meaning that suppliers and dealers of a product are required, in their visual advertisements or technical promotional materials for a specific model of that product, to make reference to the energy efficiency class of that product and the range of the efficiency classes shown on the label of the product group concerned where that product group has been the subject of a delegated act adopted on the basis of Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products, and not of a delegated act adopted on the basis of Regulation 2017/1369.

Where that delegated act does not provide for the manner in which such reference is to be made by those suppliers and dealers, and until such time as a delegated act is adopted for the product group concerned on the basis of Article 16 of Regulation 2017/1369, they are to make reference, in their visual advertisements and technical promotional materials, to that energy efficiency class and range of efficiency classes in the same way as that adopted on the label for that product group, provided that such a presentation remains legible and visible having regard to the nature, size and commercial imperatives of such advertising and promotional material.

If such a presentation is not feasible, those suppliers and dealers must in any event opt for an equivalent presentation that meets the consumer information requirements as well as the legibility and visibility requirements as they result from Regulation 2017/1369.

ELI: http://data.europa.eu/eli/C/2023/1117/oj

ISSN 1977-091X (electronic edition)

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Language of the case: German