Tesla sells emissions certificates to other manufacturers whose cars can emit more emissions accordingly. Nevertheless, the car manufacturer can continue to advertise with zero CO2 emissions. A court in Berlin has decided that this is legal, reports Heise – for the average buyer it is “insignificant” “that the manufacturer earns money with the sale of emission certificates”.
No deception
The court’s reasoning goes on to say that Tesla does not claim in its advertising “that no CO2 is emitted during production”. And: The buyers are usually concerned with their own ecological footprint, not that of the company. There is also a “ban on misleading”, but no “duty to provide active information”. Means: Buyers would have to deal with Tesla’s CO2 emissions themselves, Tesla does not have to inform about it of its own accord. It is therefore up to the buyer to obtain information about the manufacture of the vehicles. Tesla is known to advertise its own models as a “zero-emission future”, but does not mention that the manufacture of components for electric cars also releases CO2. Electricity production is also CO2-intensive. The sale of the certificates also makes it possible to use classic burners whose CO2 emissions would actually be above the limit values.
No more sentry mode
The lawsuit was brought by the Federal Association of Consumer Organizations (VZBV). The lawsuit was based on “unfair competition” and was lost in the first instance. But there was also a victory: The guard mode was also a thorn in the side of the association. It turns on when the car is stationary and, as the name suggests, monitors the area. The problem: In the EU it is illegal to just film the environment, which Tesla does not tell the drivers in the advertising. Tesla has submitted a cease-and-desist declaration and will no longer use the advertising accordingly.
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