Francesca Bertelli’s focus was on Greenwashing between Tort and Contract Law: Sustainable Remedies and Market Citizenship. She discussed the dieselgate scandal, which began almost a decade ago, but continues to have legal repercussions in Europe as judicial proceedings related to the sale of deceitful vehicles to European consumers are still ongoing. The inconsistent application of legal provisions by national judges has resulted in discordant solutions within the same country, posing a threat to the right to judicial protection and the functioning of the internal market. Adding to the uncertainty is the fact that the recall-and-update procedure initiated by Volkswagen (VW) for the affected vehicles, authorised by the German Federal Office for Motor Vehicles (KBA), has proven only partially effective, with the post-update emissions control system functioning properly only within a specific temperature range. This situation raises concerns about the pollution levels of vehicles that have undergone the update and the environmental impact of allowing such cars to remain in circulation. The European Court of Justice has recently addressed these issues, with judgments that not only aim to strengthen consumer protection but also shed light on the relationship between consumer rights and responsibilities in the context of the green transition.
Magda Biernat’s (Polish Academy of Sciences, Warsaw) focus was on The Lack of Mandatory Environmental Labelling of Packaging as one of the Challenges of Poland's Closed-loop Economy. Waste generation poses significant environmental and health challenges, along with economic losses. In the EU, materials sent to landfills annually could be worth approximately EUR 5.25 billion. In Poland, 142 million tons of waste are produced yearly, with only 7% classified as municipal waste from households. The rest originates from industries. Entrepreneurs under extended producer responsibility (EPR) for packaging must meet recycling targets set by the EU, which increase over time. However, Poland lacks mandatory packaging labelling, including information on proper waste segregation and material composition. Consumer behaviour depends on clear packaging signs, and a uniform labelling system is required. Many countries, including Poland, have yet to implement EPR regulations effectively. Achieving recycling targets requires improved waste segregation and a functioning closed-loop economy. Uniform and intuitive labelling, along with transparent EU regulations, can facilitate communication between entrepreneurs and consumers.
More information is available here.
The recording of the online seminar is available below: