Mantinely pro užívání výslovných environmentálních tvrzení včetně těch se zaměřením na klima
The article addresses the boundaries for the use of explicit environmental claims, which are a prevalent instrument in the communication between competitors and consumers. However, these claims frequently exhibit indications of greenwashing. In the first part of the article, the occurrence and potentially problematic nature of environmental claims are presented, as reflected in the decision-making practice of courts and competent authorities of European Union Member States, particularly in the Federal Republic of Germany. In the second part of the article, this is followed by an analysis of the Czech legal framework, which, despite the absence of explicit regulation, enables the addressing of misleading claims through the regulation of unfair commercial practices and unfair competition. The third part of the article is devoted to an examination of the amendment to the Unfair Commercial Practices Directive and the proposal for a Green Claims Directive. The fourth part of the article focuses on climate claims, a subset of environmental claims. These claims are subject to stricter requirements under legislation of European Union and German case law. These requirements may also serve as a point of inspiration for the Czech legal context.
Authors
- Magdalena Hamáčková (ORCID: https://orcid.org/0009-0003-5184-6954)
Publication Details
- Journal
- AUC IURIDICA
- Published
- 2025-12-04
- DOI
- https://doi.org/10.14712/23366478.2025.675
- Primary Topic
- Environmental law and policy
- Type
- article
- Field-Weighted Citation Impact
- 0.00