Court of Justice (Fourth Chamber) 25 July 2018, C-632/16 (Dyson Ltd and Dyson BV v BSH Home Appliances NV.)

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The Court of Justice ruled that a trader's failure to disclose the specific testing conditions underlying a vacuum cleaner's energy classification does not constitute a misleading omission under Article 7 of Directive 2005/29/EC, as such information is not deemed material under the harmonized energy labelling framework. Furthermore, Delegated Regulation (EU) No 665/2013, read with Directive 2010/30/EU, prohibits the display of additional symbols or labels that replicate energy label information if such displays are likely to mislead or confuse the average consumer regarding energy consumption. The determination of whether such supplementary markings create a risk of confusion is a matter for the national court to verify based on the perception of a reasonably well-informed and circumspect end-user.AI