Bird & Bird advises TAP in dialogue with EU Commission and others in environmental claims investigation
Contacts
International law firm Bird & Bird has advised TAP Air Portugal (TAP) in an investigation regarding the communication of carbon offsetting projects, initiated by members of the CPC Network, including the EU Commission. The investigation was triggered by an alert from the European Consumer Organisation (BEUC) and targeted 21 airlines operating in the EEA, concerning various environmental claims, such as Sustainable Aviation Fuel (SAF) and carbon offsetting.
Under the Consumer Protection Cooperation (CPC) Regulation, member state authorities, with the facilitation of the European Commission, have the duty to work together to enforce EU consumer law in the single market. The CPC network, under the lead of the Belgian Directorate General for Economic Inspection (Federal Public Service of Economy, SME and Energy), the Netherlands’ Authority for Consumers and Markets (ACM), the Norwegian Consumer Authority (Forbrukertilsynet) and the Spanish Directorate General of Consumer Affairs (Ministry of Social Rights, Consumer Affairs and 2030 Agenda), has questioned climate-related claims by TAP as well as the 20 other airlines. Although very important and extensive, the CPC Regulation, which is used to enforce consumer rights across borders in Europe, is still relatively unknown.
In these proceedings, the airlines have been asked to justify environmental claims. Specifically for TAP, the investigation related to statements regarding ‘carbon offsetting’.
TAP will continue with its important carbon investment projects, and voluntarily committed to communication that explains the interaction of emitted carbon and carbon projects in more detail. The proceedings ended on November 2025. The Bird & Bird team advising on the investigation consisted of lead partner Dr Constantin Eikel, Counsel Dr Julia Grensemann and associate Nicole Kaldeuer, LL.M. (all IP, Germany) as well as Regulatory and Public Affairs Director Francine Cunningham (Brussels/Dublin).