Austria's Consumer Protection Overhaul: New Advertising Rules, End of Repair Subsidy, and Vending Machine Ban
13.06.2026 - 00:52:37 | boerse-global.de
Austria's highest administrative court has delivered a clear verdict: selling alcohol in unmanned vending machine shops is illegal. The Verwaltungsgerichtshof (VwGH) ruled that such automated outlets do not qualify as business premises under the country's trade regulations. Violators face fines exceeding €2,000. The decision lands amid a broader wave of consumer-protection tightening that touches everything from green advertising claims to repair subsidies.
Stricter proof requirements for corporate claims
On 10 June, the Austrian finance ministry published a draft bill to transpose the EU's Empowering Consumers Directive (EmpCo). From 27 September 2026, companies will have to substantiate any advertising promises—especially environmental ones—with clear, objective, and publicly accessible evidence. Independent bodies must be able to verify the data behind forward-looking statements, such as climate plans.
EU officials clarified in May that sustainability labels will only be permitted if issued by state authorities or independent certification bodies. Even colours and images in advertisements face heightened scrutiny for their potential to mislead consumers. The draft bill specifies that double-checking is unnecessary when a project has already undergone external review as part of a company's sustainability reporting. However, unanswered questions remain, particularly regarding how the new rules interact with the EU's Packaging and Packaging Waste Regulation (PPWR) and the planned digital product passport.
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Repair bonus scrapped, industry anger
Finance Minister Markus Marterbauer also announced the end of the so-called "Geräte-Retter-Prämie", a state subsidy for repairing household appliances. The move has hit the repair sector hard. ESECO, a repair network representing the industry, warns of a sharp drop in demand. Similar subsidies have been suspended in the past, with what the sector describes as negative consequences.
The timing adds to the frustration. By the end of July 2026, EU Directive 2024/1799 on the "Right to Repair" will require manufacturers of products such as washing machines, smartphones, and displays to offer repairs. A draft ministerial proposal states that if the original manufacturer cannot be reached, the repair obligation can shift to EU authorised representatives, importers, or distributors. As compensation for the lost subsidy, the industry proposes cutting the value-added tax on repair services to 10%.
Navigating Austria’s regulatory maze
Companies entering the Austrian market face a distinct administrative landscape. The Agency for Health and Food Safety (AGES) handles food, cosmetics, and medical devices in a single body—a unique setup within the EU. For extended producer responsibility (EPR) on packaging, registration with the ARA waste management scheme is mandatory, adding to existing notification duties in other member states such as Germany's LUCID register.
Unlike many other markets, Austria does not require pre-notification for food supplements. The Federal Office for Metrology and Surveying (BEV) remains the central authority for market surveillance of technical products and CE conformity checks.
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Court battles over "Original" labels
In a separate case, the Salzburg Regional Court prohibited a pastry shop from using misleading advertising around the term "Original Mozartkugeln". The court found that the shop’s reference to an earlier ruling was selectively shortened, violating Austria's Unfair Competition Act (UWG). The main proceedings have not yet concluded, and further cases are pending. Competition watchdogs continue to monitor the use of protected geographical designations.
