As part of the EU’s “Automotive Package”, the EU Commission published a proposal for a new Regulation on 16 December 2025 which, among others, concerns vehicle labeling. So far, the proposal is only available in English; the full text can be found here.

These are our initial observations:

– The current Directive 1999/94/EC, which forms the basis of the German PKW-EnVKV, will be repealed; provisions on energy consumption, CO2 emission and range labeling will be introduced into Regulation (EU) 2019/631. This is indented to bring about EU-wide standardization.

– The proposed provisions are less comprehensive and less differentiated than those in the current PKW-EnVKV. E.g., no distinction is made between new and used vehicles.

– Any promotional material related to the sale or lease of individual vehicles needs to show a vehicle label; this is not the case at present.

– The new standard label will be less comprehensive than the current energy label required by the PKW-EnVKV; it is more reminiscent of the tire label.

– As an alternative to displaying the standard vehicle label, it will also be possible to use a simplified label on the internet, which contains color coding and indicates the CO2 class. That generally requires that the simplified label guides the user to the product database containing the relevant information.

– Enforcement and legal consequences of violations will be left to the EU Member States.

The legislative process is still in its early stages and adjustments are sure to be made.

You can find the new labels here.

The German Consumer Rights Enforcement Act (Verbraucherrechtedurchsetzungsgesetz, VDuG) entered into force on 13 October 2023. It serves to implement the Collective Redress Directive ((EU) 2020/1828). Most importantly, it contains a new type of claim, the so-called “Abhilfeklage”. Within only six months, German consumer associations have filed such claims in six cases (possibly more that are not publicly known yet), the latest one being a claim by Verbraucherzentrale Bundesverband against DAZN concerning unilateral price increases that was filed in April 2024 (press release available here).

The “Abhilfeklage” is a representative action aimed at redress measures that can be brought by qualified entities (such as consumer associations) against businesses. It allows courts to hand down decisions ordering businesses to take certain actions (including the payment of monetary compensation) to a group of individual consumers, provided that they have suffered from the same type of wrongdoing, that their claims are essentially identical, and that they have registered to participate in such action.

Based on the number of “Abhilfeklagen” brought within a short period of time, this type of claim is likely to have a much bigger impact than the already (and still) existent so-called “Musterfeststellungsklage”. This is mainly because the new “Abhilfeklage” allows courts to order the defendant to take certain actions, including the payment of a compensation; in contrast, the “Musterfeststellungsklage” which has already existed prior to the new law only allows courts to make binding findings on specific aspects that are relevant for the consumers’ claims (which then would still have to file individual claims if the defendant refuses to compensate them).

Here are the key facts about the “Abhilfeklage”:

• Admissibility: Essentially identical consumer claims with at least 50 potentially affected consumers.

• Claims in scope: All civil law claims by consumers against businesses, e.g. payment claims resulting from inadmissible price adjustment clauses, claims to repair or replacement due to defective products, claims for damages based on misleading advertising, etc.

• Opt-in: Consumers must actively register their claims to the Verbandsklageregister (which is operated by the Federal Ministry of Justice) within not more than three weeks after the closing of the oral hearing.

• Eligible parties to join: Only consumers and very small SMEs (which have less than ten employees with not more than EUR 2 million annual turnover).

• Outcome of proceedings: If the parties do not settle the case (which requires approval from the court), the court can order the business to take certain actions; this includes the payment of a collective amount to a group of individual consumers (whereby the requirements for the individuals to obtain such payments will be specified), which will be distributed by a trustee amongst the consumers concerned.

The new “Abhilfeklage” poses a relevant (and largely unknown) risk for businesses, in particular regarding damage claims. While small damage claims are often not pursued by consumers in court, this might now change; consumer associations could bring corresponding claims and that could result in substantial damages payments (depending on the number of consumers concerned). The six actions that have been brought already indicate that this is not only a theoretical risk; consumer associations have started using this new tool on a regular basis. That affects the risk exposure for businesses, which should consider this relatively new risk in their decisions.

Information about the currently pending “Abhilfeklagen” is publicly available in the registry of the Federal Ministry of Justice. The full text of the VDuG is available here.

Chambers has ranked us in Band 2 in Germany in the field of “Intellectual Property: Trade Mark & Unfair Competition” in its 2023 ranking. Chambers states: “Lubberger Lehment holds a strong track record of assisting brand owners with trade mark, unfair competition and copyright law. Its clients hail from the luxury goods, cosmetics and technology industries. The team has notable expertise in portfolio management and selective distribution matters, further assisting with parallel import cases. The law firm is also well versed in the intellectual property aspects of transactions, including due diligence.” It is a great acknowledgement of our team that we have been ranked by Chambers for 16 consecutive years now. Further information is available here, and the full ranking is available here.

The Legal 500 has listed us in the in the 2023 ranking for Germany in Tier 1 in the field of trademark law and in Tier 2 for unfair competition law. The Legal 500 states: “In addition to numerous lawsuits, Lubberger Lehment’s advisory portfolio also includes advice on trademark law in corporate transactions; the IP boutique enjoys a particularly good reputation in the luxury segment, but its core clients also include companies with digital business models. The firm’s expertise includes the management and structuring of trademark and design portfolios as well as anti-piracy and unfair competition matters.”

In trademark law, our founding partner Dr. Andreas Lubberger is placed in the Hall of Fame, and our Berlin partners Eva Maierski and Dr. Rani Mallick are seen as “Names of the Next Generation”. It is great to see that, with Eva Maierski being recognized that way for the first time this year, a further young female partner of our firm has joined the club of next generation lawyers.

Thank you, Legal 500, and also to our clients, for this great recognition of our work! The full ranking is available here.

This year, azur100 has voted us one of the top employers in trademark and unfair competition law. azur states: “If you want to be happy at Lubberger Lehment (LL), you should have a special place in your heart for IP – hardly any other boutique law firm has such an excellent reputation when it comes to landmark cases before the highest courts.” A participant in the azur survey praises the law firm: “Very exciting and challenging on a professional level – here they make it easy for you to enjoy your job”. Further, azur mentions our training programs and highlights: “The compatibility of family and work is as much a part of LL as trademark and unfair competition law.” Here are the results of the survey.

This year’s ranking of Chambers and Partners confirms: We are among the leading law firms in Germany in the field of trademark and unfair competition law. Chambers has ranked us in “Band 2”, stating: “The team has notable expertise in unlawful price fixing, portfolio management and selective distribution matters, further assisting with parallel import cases. The law firm is also well versed in the intellectual property aspects of transactions, including due diligence.” The full ranking can be accessed here.

The “World Trademark Review”, which ranks the world’s leading trademark professionals and law firms, has – once again – ranked us top tier in their 2022 edition. WTR 1000 calls us “one of the country’s most highly regarded boutiques”. In addition, several of our colleagues are mentioned as leading individuals: Dr. Andreas Lubberger (gold), Dr. Cornelis Lehment and Dr. Benjamin Koch (silver; both also recommended individuals for anti-counterfeiting), and Dr. Rani Mallick and Martin Fiebig (bronze). The full ranking is available under the following link.

“Extremely service-oriented; pragmatic; experienced; friendly. All in all a winning combination.” – That’s what others say in this year’s law firm ranking of “The Legal 500” about our firm’s trademark practice. We’re ranked in Tier 1 for trademark law in Germany, and in Tier 2 for unfair competition law. The complete ranking can be accessed through this link.

We are proud and pleased to announce that Eva Maierski will become a Partner at Lubberger Lehment on 1 January 2022. Eva is an experienced litigator. She has protected many prestigious brands against fakes or a detrimental sales environment; large discount chains are her favourite opponents. A further focus of her work is the protection of product designs against imitation. Within our firm, she manages our training program for associates and takes care of our trainees. Her becoming a partner falls in her parental leave – a few days ago, her second child was born.

In the 2021/2022 ranking of commercial law firms in Germany by JUVE, Lubberger Lehment is in the top tier in unfair competition law and the second tier in trademark and design law. JUVE: “The IP boutique has become the first point of contact in trademark and unfair competition law for rights holders seeking to defend their products against platforms.” Further information is available here.