EmpCo 2026: Section 15b UWG and Existing Stock

The decision has been made just days before the EmpCo rules take effect: On 24 September 2026, the German Bundestag adopted a new Section 15b of the German Act Against Unfair Competition (UWG). For certain goods already placed on the market before 27 September 2026, the new provision 

requires courts to take particular account of the principle of proportionality when assessing claims for injunctive relief relating to certain environmental claims and labels. However, the new rule does not introduce a general sell-off period.

The new EmpCo rules will apply from 27 September 2026. Until now, one of the key questions has been how to deal with goods that were already placed on the market before this date but may no longer comply with the new requirements.

The German legislator has now responded to this issue. As part of the modernisation of German design law, the Bundestag has adopted the new Section 15b UWG.

What does this mean for existing stock?

For certain EmpCo violations involving goods placed on the market before 27 September 2026, claims for injunctive relief will in future have to be assessed in accordance with the principles of good faith and proportionality.

The legislation specifically identifies four factors that are relevant to this assessment:

• the severity of the infringement; 
• the company's efforts to remedy the infringement;  
• the costs associated with remedying the infringement; and 
• the environmental impact that would result from the measures taken. 

The special provision is temporary and is scheduled to expire on 27 September 2028.

No general sell-off period

The new provision does not make an EmpCo violation automatically permissible and does not create a general transitional or sell-off period. However, it may provide significant flexibility in individual cases. According to the explanatory memorandum to the legislation, the balancing of interests may, depending on the circumstances, result in measures such as additional information requirements, a specific sell-off period for certain products, or even the exclusion of an injunctive claim altogether.

An important distinction is that the special provision does not apply generally to all goods produced before the cut-off date. It applies only to goods that had already been placed on the market before 27 September 2026.

What should companies do now?

For companies with potentially affected stock, documentation is becoming even more important. Companies should, in particular, document:

• which goods are affected; 
• when they were placed on the market; 
• which corrective measures have already been taken or are still possible; and 
• what costs and environmental impacts would result from those measures. 

For communications that can be changed quickly – such as websites, online shops or social media – the EmpCo deadline remains fully relevant. The new provision therefore does not eliminate the risk of legal disputes. It does, however, create additional arguments and potential defence options for companies.

For existing stock, the key question may therefore no longer be limited to: “Is the environmental claim permissible?”

It may also be: “Is the injunction being sought proportionate under the circumstances?”

EmpCo Compliance & Litigation

SKW Schwarz supports companies in implementing the new EmpCo requirements – from reviewing environmental and sustainability claims and addressing packaging and existing stock to defending companies against cease-and-desist claims, injunctive relief and regulatory fines.

More about our EmpCo Compliance & Litigation services  (LINK)