Judges at the European Court of Justice (ECJ) said in a ruling in case C-632/16 on Wednesday 25 July that vacuum cleaner retailers should not use extra labelling to reproduce or expand on information on the energy label foreseen under delegated regulation 665/2013 if this is misleading to consumers.
Since September 2014, energy labels must be put on vacuum cleaners sold in the territory of the EU under EU delegated regulation 665/2013, in order to inform consumers about energy labelling and the performance of their appliances.
Dyson, a manufacturer of bagless vacuum cleaners sold by BSH, which uses the tests carried out with an empty bag under the above-mentioned delegated criteria, although the results differ from normal conditions of use using a partially-empty bag.
Dyson took the case to the Tribunal trade court in Belgium. which sent the case for a preliminary hearing at the ECJ to determine whether in light of directive 2005/29/EC on disloyal trade practices, BSH was misleading consumers by not stating that the tests were carried out with an empty bag. It also asked whether the addition of extra energy information, as done by BSH (adding a colour energy label alongside the energy label stipulated in the regulation), is compatible with delegated regulation 665/2013.
In conclusions dated 22 February 2018 (see EUROPE 11968), ECJ advocate general, Henrik Saugmandsgaard Øe, said that the regulation in question does not leave any room for manoeuvre for vacuum cleaner regulators, thus preventing the addition of extra information about energy testing. It suggests that BSH cannot be considered guilty of misleading information by not mentioning the condition in which the texts were carried out, sine the regulation dens to set this as a requirement.
The ECJ judges follow the arguments of the advocate general here, stating firstly that BSH was guilty of misleading omission about the conditions in which the energy tests were carried out. They say that vacuum cleaner manufacturers and retailers should not use extra labelling if it does not satisfy the requirements laid down in the above directive and if it would mislead or confuse consumers. (Original version in French by Lucas Tripoteau)