The Court dismisses Iberdrola's lawsuit against Repsol for 'greenwashing'

The Commercial Court No. 2 of Santander has dismissed Iberdrola 's lawsuit against Repsol , as it did not find that its communications and campaigns contained misleading, illicit and unfair advertising that constituted unfair competition.

In this way, the first trial between companies for green posturing in Spain has been resolved with the dismissal of Iberdrola's claim against Repsol and with the plaintiff not being ordered to pay costs.

In a ruling issued on Tuesday and against which an appeal may be lodged before the Provincial Court of Cantabria, the head of the Commercial Court states that "it is not proven" that Repsol's advertising and website can mislead "about the nature of a company that is today multi-energy, but fundamentally and traditionally an oil company."

In this regard, he adds that Spanish consumers know Repsol “almost universally (98.4%), associating 97.7% of its activity with service stations and fuel sales, the harmful nature of which for the environment does not require clarification,” reports Europa Press.

Furthermore, it stresses that “at no time are environmental claims made, but rather claims of commitment to sustainability”, and that the campaigns do not mention “characteristics of a product (for example, less harmful or more efficient) but rather the company's positioning with respect to its international commitment to sustainability”.

Legally, the claim was pioneering, since 'greenwashing' as such is not currently a common practice in the Spanish legal system.

In its lawsuit, filed a year ago and the trial for which took place in Santander in November, Iberdrola accused Repsol of promoting sustainable initiatives, “when its multi-product offering seeks to encourage the use of fuels”, as well as “focusing on sustainability, when it constitutes a minor element of its current activities”.

Iberdrola's objective with this lawsuit was to request that Repsol be declared to be carrying out acts of unfair competition,

condemning the company to cease carrying out these, prohibiting their future repetition and removing their effects.

For its part, Repsol defended its strategy in terms of its ambition in the energy transition, “with the sole objective of offering the goods and services that society demands, at a competitive price, with the smallest possible carbon footprint and at the same time guaranteeing supply.”

He also highlighted the fact that in five years it had become a multi-energy company, “with a unique commercial offer in Spain that includes savings for its customers and the ability to meet the energy and mobility needs of any customer.”