Germany introduces transitional rules for EmpCo Directive compliance

The German Bundestag has passed a temporary transitional regulation to protect existing stock and inventory following the upcoming implementation of the European EmpCo Directive. Scheduled to take effect on September 27, 2026, the directive aims to strengthen consumer empowerment for ecological transitions, but lacks specific provisions for selling off existing goods.

To mitigate legal risks for businesses, the Bundestag introduced Section 15b of the Act Against Unfair Competition (UWG). This provision requires courts to conduct a proportionality test for injunction claims regarding violations of the new standards until September 27, 2028. This applies to products placed on the market before September 27, 2026. During this assessment, courts will weigh the severity of the violation, the efforts made by the affected parties to comply, the costs incurred, and the environmental impact.

This measure does not constitute a full safe harbor; the underlying legal violation remains, and companies can only use Section 15b as a defense. The regulation specifically excludes online presence and any products entering the market after September 27, 2026. Industry concerns highlighted that without such a measure, products like books, canned goods, and DIY supplies might have required costly relabeling or destruction despite being legal at the time of manufacture.