Specification of energy efficiency class for computer monitors?

The Higher Regional Court (OLG) Cologne had to decide whether, in the marketing of LED monitors with HDMI connection, the energy efficiency class must be specified as is the case with the advertising of television sets, and therefore the omission of this specification constitutes a breach of competition law.

A competition association issued a warning to a leading electrical retailer for violation of advertising regulations based on European law, as the retailer advertised LED monitors with HDMI connection in the context of a newspaper supplement without specifying the energy efficiency class of the devices. This specification makes it easier for consumers to compare the power consumption of the advertised monitors with other devices.

The retailer did not issue a cease-and-desist declaration in response to the warning from the competition association. It is of the opinion that the provisions are not applicable to computer monitors of the type in question. Rather, these are regulations for the marketing of TV devices, which do not apply to computer screens.

Decision of the Court

By means of Judgment of 26.02.2014 – Az. 6 U 189/13 – the Higher Regional Court (OLG) Cologne decided that the asserted claim for competition law injunctive relief existed. The Energy Labelling Regulation (EnVKV) obligates suppliers such as retailers to ensure that any advertising with prices for a television set draws attention to the energy efficiency class.

Whilst computer monitors are not per se to be classified within the scope of application of the law, this changes if these LED screens are, as in the present case, also suitable for viewing high-resolution and complex video files.

Boundaries between television and computer technology that previously existed have largely become obsolete today and have given way to ever-increasing interchangeability of device components in so-called consumer electronics. In such cases, consumers must also be informed about the energy consumption of these LED computer screens.

Conclusion

Computer monitors can be used for television just as TV sets can serve as a monitor for a gaming console or a computer. Against this background, the decision of the OLG Cologne is understandable.