Indication of energy efficiency class in online shop?

Sellers of electrical appliances must provide consumers with information on energy efficiency. This also applies to operators of online shops. The Higher Regional Court (OLG) Stuttgart had to decide where this information must be displayed.

The parties to the proceedings disputed in the course of interim relief proceedings the question of where the online retailer must provide the statutory mandatory information concerning the energy efficiency of an electrical appliance. Whilst the online retailer took the view that such information need only be provided on the respective product sub-pages, the competitor insisted that the information must already be provided on the home page of the website, insofar as electrical appliances were already being advertised there as in this case.

The Regional Court (LG) Stuttgart dismissed the application. The competitor thereupon filed an appeal with the OLG Stuttgart.

Court's decision

The OLG Stuttgart decided by Urteil vom 24.10.2013 – Az. 2 U 28/13 – that the information on energy efficiency classes would only be necessary once the items could be placed in the virtual shopping basket upon accessing the detailed sub-page. On the home page of an online shop, where a buyer cannot yet place anything in the virtual shopping basket, the online retailer need not yet provide information on the energy efficiency classes of its products.

The court noted that the statutory provision regarding the time of notification of the energy efficiency class made no specification. However, from the wording "in advertising" it could be inferred that the information could be provided in the context of the advertising to be assessed holistically from a competition law perspective, at a location freely chosen by the advertiser, both spatially and temporally, provided only that it was sufficiently clearly indicated.

Conclusion

The statutory provision which obligates retailers of electronic appliances to provide information about the energy efficiency class of the goods sold is a market conduct rule relevant to competition law and must therefore be strictly observed by market participants.

However, this information need not already be provided in the context of advertising, for example on the home page of a website, but must be provided at the latest when the consumer makes their purchasing decision – in the case of an online shop, therefore at the latest on the (sub-)page where a buyer can place the product in the virtual shopping basket.