10 Nov 2025

Bird & Bird advises TAP Air Portugal in EU-led investigation into environmental claims

"Bird & Bird advised TAP Air Portugal in a Consumer Protection Cooperation (CPC) network investigation, facilitated by the European Commission and prompted by a BEUC alert, into environmental claims by 21 airlines, including carbon offsetting and SAF. TAP committed to clearer communications and to continue carbon investment projects; proceedings ended November 2025."

International law firm Bird & Bird advised TAP Air Portugal in an investigation conducted in dialogue with the European Commission and members of the Consumer Protection Cooperation (CPC) network concerning environmental claims. The inquiry was opened following an alert from the European Consumer Organisation (BEUC) and targeted 21 airlines operating in the EEA. It scrutinised a range of climate-related assertions, including statements about Sustainable Aviation Fuel (SAF) and carbon offsetting. Under the CPC Regulation, member state authorities, facilitated by the European Commission, cooperate to enforce EU consumer law across the single market. The CPC network, under the lead of the Belgian Directorate General for Economic Inspection (Federal Public Service of Economy, SME and Energy), the Netherlands’ Authority for Consumers and Markets (ACM), the Norwegian Consumer Authority (Forbrukertilsynet) and the Spanish Directorate General of Consumer Affairs (Ministry of Social Rights, Consumer Affairs and 2030 Agenda), questioned climate-related claims by TAP and the other airlines. In these proceedings the airlines were asked to justify environmental claims; in TAP’s case the investigation focused on statements regarding carbon offsetting. TAP confirmed it will continue its carbon investment projects and voluntarily committed to revise its communications to explain in greater detail the interaction between emissions and carbon projects. The proceedings concluded in November 2025. Bird & Bird represented TAP Air Portugal with a team composed by: lead partner Dr Constantin Eikel (IP, Germany); Counsel Dr Julia Grensemann (IP, Germany); associate Nicole Kaldeuer, LL.M. (IP, Germany); and Regulatory and Public Affairs Director Francine Cunningham (Brussels/Dublin).
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