ESG Enforcement Tracker

The Copenhagen City Court (Københavns Byret) found KLM guilty of misleading trade practices. The court imposed a fine of DKK 3 million, equivalent to approximately €401,000.

The proceedings followed a complaint made by the Danish Consumer Ombudsman (Forbrugerombudsmanden) concerning an advertising campaign promoting the airline’s use of Sustainable Aviation Fuel. KLM stated in radio and Spotify advertisements that it had taken “a big step forward towards slightly more sustainable travel” and would use a larger share of Sustainable Aviation Fuel on all tickets.

The court found that KLM’s advertising gave consumers the impression that flying with KLM was more environmentally beneficial than was the case, even though sustainable aviation fuel comprised only about 1% of the fuel involved. The court held that KLM’s statements regarding “more sustainable travel” and sustainable aviation fuel were liable to mislead consumers.

The court further held that the ad as a whole gave the impression that KLM’s sustainability initiatives significantly promote more sustainable aviation, which should be seen in the light of the general environmental and climate impact of the aviation sector. In these circumstances, the court held that the sustainability statements were not sufficiently comprehensive and clear, but were instead capable of giving the average consumer a misleading impression of the scope and significance of KLM’s sustainability initiatives.

The Danish judgment follows an earlier greenwashing judgment against KLM in the Netherlands. See our previous update here.