EU: Advertising in the Automotive Sector -Harmonisation of consumption and emission values

On 16 December 2025, the European Commission presented the “Automotive Package” to support the transition to clean mobility. An important part of the package is the proposal for amending Regulation (EU) 2019/631 as regards vehicle labelling and repealing Directive 1999/94/EC (hereinafter referred to as the ‘proposal’), which forms the basis of the Passenger Car Energy Consumption Labelling Ordinance (Pkw-EnVKV) in Germany (more on the Pkw-EnVKV here). The aim of the proposal is to harmonise vehicle labelling with consumption and emission values. The following article provides a brief overview of the planned changes and their expected impact in practice.

1. Objectives of the new regulation

With these changes, the Commission's primary aim is to ensure that consumers receive sufficient information when purchasing vehicles to enable them to make informed purchasing decisions. This should also help manufacturers to meet their CO2 emission targets. An evaluation has shown that Directive 1999/94/EC

• has not led to the desired EU-wide harmonisation;
• is no longer up to date due to the digitalisation of offerings over the past 26 years;
• and, in particular, does not provide sufficient information to potential buyers of zero-emission or low-emission vehicles.

The changes outlined below are intended to address these issues in particular.

2. Practical implementation

The main changes concern the following points. These changes will be incorporated into Regulation (EU) 2019/631, thereby repealing Directive 1999/94/EC.

a) Harmonisation of the design of the energy label

The energy label for vehicles in all Member States will now be based on the design of energy labels already familiar from other areas, such as tyre labelling or the labelling of large electrical appliances.

b) Covered (advertising) materials and type of presentation

The energy label must be displayed at every point of sale and also on all advertising materials. The design is based on the familiar energy label and is specified uniformly in the proposed Annex IIIa, Part 2 (as can be seen here on p. 6).

For advertising materials on the internet, however, it should be sufficient to use a simplified energy label consisting exclusively of the CO2 class, see here Annex IIIa p. 7). This therefore only provides information about CO2 emissions. According to this proposal, direct information about fuel or electricity consumption can therefore be omitted from internet advertising materials in future. However, this option requires that the manufacturer information for the vehicle model described in the product database must be directly accessible via a web link by clicking on the simplified label.

If the advertising material concerns several vehicle models, the consumption and emission values may be given in ranges, cf. Article 15a(2) subparagraph 2 of the proposal. This corresponds to the presentation method previously used in Germany under the Pkw-EnVKV, which was abolished again in Germany with the amendment in 2024, and thus represents a relaxation of the rules.

No labels other than those provided should be used, cf. Article 15a(5) of the proposal.

c) Addition of specific information to the energy label

The information to be provided will be expanded, particularly with regard to potential buyers of fully electric or plug-in hybrid vehicles. For example, electricity consumption and electric range will now also be specified.

As in the past, the combined fuel consumption or electricity consumption, CO₂ emissions and CO₂ class must also be stated.

d) Impact of configuration

According to Article 15a(2)(3) of the proposal, consumers should be able to immediately recognise the impact of changing a feature on the stated values. If the advertising material distributed electronically allows consumers to configure a specific vehicle, such as online configurators, it must make it clear to consumers how different specific equipment options affect all technical parameter values.

e) Extension of the scope to vans and used cars

The obligation to provide information should not only apply to new passenger cars, but now also to vans and used cars, cf. recital 16 of the proposal. However, this should expressly only apply to commercial sales – private individuals who occasionally offer a used car for sale are exempt from the obligation, cf. recital 19 of the proposal.

In addition, information on the condition of the battery must be provided for fully electric or hybrid used cars, see Article 15a(2) subparagraph 1 of the proposal. This information is based on the data available on the vehicle display.

f) Product database

The provision of additional information on vehicle models in a product database is intended to enable consumers to compare different vehicle models, including those from different manufacturers (Article 15a(3), first subparagraph, of the proposal).

Manufacturers shall be required to immediately enter the information required under Annex IIIa, Part 3 of the proposal into this product database, cf. Article 15a(4) of the proposal. This publicly accessible product database is to be set up by the Commission no later than 12 months after the Regulation comes into force, with details of its functioning to be laid down in implementing acts.

The obligation to provide a poster and a guide in paper form is repealed.

g) Obligations for online platforms

If a service provider within the meaning of Article 6 of Regulation (EU) 2022/2065 enables the sale of vehicles via its website, this service provider must enable the display of the vehicle label. This applies in particular to online marketplaces and platforms through which vehicles are offered for sale.

3. Impact on practice and potential difficulties

Although the proposal standardises the basic graphic design of the label, it lacks numerous detailed provisions that appear essential for practical application and legal certainty.

a) Location and duration of the information

It remains unclear how and where exactly the label is to be displayed. In particular, the proposal leaves many questions unanswered regarding issues that have been discussed for years in the Pkw-EnVKV in Germany and  have also been the subject of numerous court rulings.

For example, it is unclear

• where the label is to be displayed (is a footnote sufficient, for example?),
• what font size should be used for the label in comparison to other representations,
• how long a label should be displayed in a video,
• whether all advertising materials (including TV and cinema advertising) are covered by the labelling requirement,
• and whether the stricter requirements for motorisation information should be waived.

In order to achieve the desired harmonisation, the proposal should be clarified in a number of areas.

The mere reference to the ‘the relevant guidelines accompanying Regulation (EU) 2017/1369’ with regard to the format (cf. Annex IIIa Part 2 lit. c) of the proposal) is likely to be too vague in this respect. This is because, as long as there is no delegated regulation within the meaning of Article 16 of Regulation (EU) 2017/1369, there is room for manoeuvre in practice, albeit limited (see ECJ decision of 5 October 2023 - C-761/22, GRUR 2024, 58 para. 41 ff.). Thus, there is no clear harmonisation in this area, although, as the discussions and case law on the Pkw-EnVKV at national level already show that detailed or at least clear regulation seems to be required.

b) Time of disclosure

Although the proposal defines a vehicle model in Article 3(r) as a ‘group of vehicles belonging to the same type, variant and version as specified in Part B of Annex I to Regulation (EU) 2018/858,’ it subsequently refers to this definition only inadequately.

The proposal states in Article 15a(1), first subparagraph, that an energy label must be affixed to each ‘vehicle’. Article 15a(2), first subparagraph, further states that the label must be displayed in all advertising material relating to the sale or leasing of ‘individual vehicles’. What is meant by ‘individual vehicle’ remains unclear.

It is only in the following paragraph that the Commission refers to the advertising of several 'models' and states that the range must be indicated.

This suggests that at least a range must be indicated in every advertisement for a vehicle, regardless of whether the advertisement promotes a mere series or a specific model. However, the Commission has not provided any further details on this, and a revision would be useful here too.

c) Sanctions not harmonised

The Member States are responsible for sanctions. Sanctions should be effective, proportionate and dissuasive. It is expected that these will be based on the possible sanctions under the Pkw-EnVKV and that there will be only a few changes here, at least in Germany. 

In particular, claims for injunctive relief (Section 8 (1) UWG), damages (Section 9 UWG), profit skimming (Section 10 UWG), and fines (Sections 19 et seq. UWG) could therefore be possible. The amount of the fine can be up to €50,000 or up to 4% of annual turnover if a company has achieved annual turnover of more than €1.25 million.

4. Outlook: ‘Made in the EU’

This proposal also mentions an aspect that goes beyond labelling but is nevertheless very important in practice. The Commission is to be granted the power under Article 290 TFEU to establish methods for determining the criteria for classifying a car as ‘Made in the EU’. This aligns with the EU's efforts to protect the domestic industry and impose stricter requirements for the ‘Made in EU’ label. Similar measures are already being sought in the energy sector through the Net Zero Industrial Act and the Industrial Accelerator Act, which has yet to be published.

5. Conclusion

The planned harmonisation of the energy label deserves unqualified approval – at least provided that the proposal is revised in the necessary areas. The implementation of the other proposed amendments, on the other hand, should be viewed rather critically. First and foremost, they do not provide the legal certainty that is urgently needed in practice. As shown, numerous questions remain unanswered with regard to their practical feasibility, for example, the correct specification of consumption and emission values in configuration mode. This requirement alone is likely to result in considerable additional costs for motor vehicle suppliers, which are likely to be disproportionate to the desired outcome, namely to provide consumers with comprehensive information on the relevant values. It is therefore to be hoped that the proposal will be revised so that the energy label is standardised not only graphically but also in its actual application. Otherwise, consumers may be informed at different points in the advertising material, for different lengths of time and at different times.

The exact details of the requirements for specifying the values of used cars also still need to be clarified. This raises the following questions, for example: Are there restrictions on the values to be specified (only WLTP or also NEDC for older vehicles?) or on the age of the vehicles?

Companies in the automotive sector should closely follow the legislative process in order to be prepared for the new requirements at an early stage. In particular, setting up the product database and adapting advertising materials will require considerable resources. Only through good and timely preparation can a smooth transition be ensured and the risk of sanctions avoided.

If you have any specific or further questions about the planned changes to vehicle labelling or any other advertising issues, our team of experts is always happy to help. We're here to advise and support you in your individual case.