GREENWASHING IN AVIATION The truth is that, despite efforts to promote transparency and accountability, the aviation industry undergoes constant scrutiny due to its inevitable environmental impact, which has also generated criticism of the communication strategies of those claiming its commitment to environmental responsibility. Without going any further, the recent ruling of the Dutch District Court of Amsterdam against a Dutch company for its advertising campaign entitled "Fly Reponsibly" illustrates this issue. The court deemed the company’s environmental claims, such as "creating a more sustainable future" and promoting its "commitment to the climate goals of the Paris Agreement" as well as offering opportunities for customers to "offset" the climate impact of their flights, were misleading and therefore unlawful12. This decision could undoubtedly constitute a significant legal precedent in international aviation, potentially hindering the substantial advances that airlines are making to mitigate their impact. Unlike other industries, aviation currently lacks viable alternatives to fossil fuels for powering commercial aircraft. While the development of electric and hydrogen-powered aircraft offers hope for “greener” aviation, widespread adoption remains years away. Therefore, we believe that the adoption of modest measures, such as emission reduction plans implemented by airlines, should not be interpreted, as the Dutch court holds, as "an overly optimistic portrayal of their impact", but rather as a realistic response to current challenges and solutions. This case is not an isolated incident. In June 2023, the consumer organisation named BEUC, in collaboration with 22 other associations, filed a formal complaint in the European Commission and the Consumer Protection Authorities network against 17 European airlines due to practices they deemed to be contrary to the Unfair Commercial Practices Directive13. Additionally, in December 2023, the UK Advertising Standards Authority banned three international airlines from advertising on Google for failing to comply with ASA (Advertising Standards Authority) standards and giving a misleading impression of environmental impact14. These cases underscore the importance of transparent and honest communication by airlines. However, while we must emphasize the need to 12 For better reference, please be referred the content of the judgment published by the Dutch Court. 13 For better reference, we refer to the formal complaint by BEUC. 14 For better reference, we refer to a news item that echoes the above.
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