GREENWASHING IN AVIATION The European Commission (EC) has adopted several measures to enhance transparency in companies’ environmental practices aiming safeguard consumers4. These measures include the (i) Directive 2005/29/EC on Unfair Commercial Practices, which, among others, prohibits misleading practices that may cause consumer misunderstanding regarding the environmental characteristics of a product or service, addresses the greenwashing problem and the lack of transparency in sustainability labels; and the (ii) Directive 2011/83/EU on consumer rights, which indirectly addresses this issue by containing relevant provisions regarding misleading commercial practices, and providing clear and transparent information to consumers5. However, a study carried out by the EC in 2020 revealed that over half of the environmental claims reviewed in the EU were vague, misleading or unfounded, with 40% being completely unfounded6. These facts prompted the European legislator to strengthen the current regulatory framework, which has been realized through the amendment of the Unfair Commercial Practices Directive and the adoption of a new Unfair Commercial Practices Directive, which is currently in the final stage of the legislative process. On the one hand, Directive (EU) 2024/825, published on 6th March 2024 in the Official Journal of the European Union, amends Directives 2005/29/EC and 2011/83/EU, aiming to boost ecological transition and promote informed purchasing decisions among consumers. The new regulation, which must be transposed into national legislations by 27th March 2026, establishes greater requirements for information on the sustainability of products and services, especially regarding environmental claims or "Green Claims". These claims must be supported by clear, objective and publicly available commitments, which should undergo regular verification by independent third-party experts7. 4 This text will focus exclusively on consumer protection measures. Any other regulations that may exist with regard to sustainable investments and environmental business activities will not be discussed. 5 The content of both Directives was transposed into Spanish legislation by Act 29/2009 of 30th December 2009 and Act 3/2014 of 27th March 2014, as we will point out below. 6 For further reference, please be referred to the study published by the European Commission. 7 For better reference, please be referred to Directive (EU) 2024/825 of the European Parliament and of the Council of 28th February 2024 amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and through better information.
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