Dr. Julian Wernicke in GRUR-Prax 15-16/26: Advertising using SAF

The Higher Regional Court of Cologne (OLG Köln) has emphasised the need for transparency in advertising relating to sustainable aviation fuel (SAF). The decision highlights the high standards applicable to environmental advertising in the run-up to the implementation of the EmpCo Directive.

In the current issue of GRUR-Prax, BOEHMERT & BOEHMERT attorney at law Dr. Julian Wernicke discusses the decision of the Higher Regional Court of Cologne (8 July 2026, Case No. 6 U 68/25), according to which an airline’s advertising of “more sustainable flying” through the use of Sustainable Aviation Fuel (SAF) may be misleading if material information is not disclosed in a timely manner.

A key factor in this case was that consumers could gain the impression from the airline’s advertising that the sustainable aviation fuel financed by them would be used for the specific flight they had booked. In fact, it was only explained at a later stage that the fuel could also be used on other flights and at a later point in time.

According to the court, this constitutes material information that must be apparent in the immediate context of the advertising claim itself. A subsequent explanation provided through additional links is therefore not sufficient.

The decision underlines the high standards applicable to environmental advertising, particularly in light of the rules introduced by the EmpCo Directive, which will take effect on 27 September 2026. Companies are well advised to ensure now that any limitations or explanations relating to advertised environmental benefits are communicated clearly, transparently and in a timely manner.

The full article in German by Dr. Julian Wernicke, „Nachhaltiger Flugkraftstoff: Irreführende Umweltaussagen von Airlines“ (engl. Sustainable Aviation Fuel: Misleading Environmental Claims by Airlines), is available for download to registered users of beck-online here.