False energy figures in Austrian property listings: UWG injunctions

Save the published version with its URL, date and time, advertiser, property description and every energy figure displayed. Keep the full page, its surrounding text and any attachments. A later correction can change the public page, so the version being challenged should remain identifiable.

Match each figure to the building or unit actually offered. A value from an energy certificate for an entire development cannot be assigned to an individual unit without checking its scope. A difference between the listing and a document does not by itself prove that the figure is false. The property covered, calculation basis and version of the document must match.

For a property offered for sale or rent, an electronic advertisement must state the prescribed energy figures for the building or unit offered. Section 3 of EAVG 2012 names heating demand (Heizwärmebedarf), final energy demand (Endenergiebedarf) and the overall energy efficiency class (Gesamtenergieeffizienzklasse). The duty applies to the seller or landlord and to an estate agent engaged by them. The amended advertising rule has applied since 1 July 2026.

A possible false statement therefore requires comparing all three figures with the relevant energy certificate and the property it covers. Omitting a figure and stating an incorrect figure are different issues. The statutory advertising duty does not replace the separate assessment of whether the commercial practice misleads under the UWG.

Section 2 UWG covers false statements and other misleading commercial practices about a product's material characteristics. It also addresses material information that is omitted or presented unclearly. The question is whether the practice is likely to cause a market participant to make a business decision that they would not otherwise have made.

For a property listing, check which figure was displayed, whether it covered the property offered and how it was presented. A difference from the energy certificate does not settle whether the practice was misleading. The issue may matter before a sale or lease is completed.

For the advertisement, preserve the page and its changes over time. For the accuracy of the figures, obtain the energy certificate, its date, the building part it covers and the connection to the listing. If these records do not explain the alleged error, prepare a reasoned technical comparison. A screenshot records what the page displayed; checking the figure's accuracy requires comparing it with the relevant records.

Record why the figure could matter to interested parties in this listing. Separately document which same or related services the claimant offers in the market for the standing question under section 14 UWG. The claim depends on the actual market relationship and the specific advertisement, not on a general objection to a competitor.

An entrepreneur offering goods or services of the same or a related kind in the course of trade can generally seek an injunction for a relevant unfair practice. Whether two estate agents are actually competitors in a legally relevant market depends on their services and the market concerned. Section 14 UWG also identifies other bodies entitled to bring proceedings for certain UWG infringements.

The competitor must therefore establish both the alleged misleading practice under section 2 UWG and its own standing. Section 14 addresses who may bring an injunction claim. It does not automatically give a buyer a right to a price reduction, rescission or damages. Our separate article on standing to seek an injunction under section 14 UWG explains the claimant requirement.

The version of section 2 UWG relevant to the publication date enters into force on 27 September 2026. Section 44(16) UWG sets a special condition for civil claims based on breaches of the new provisions listed there during the following three years: those claims may be brought in that period only if the goods concerned were placed on the market after 27 September 2026.

The transition rule refers to goods and does not expressly explain how it applies to an advertisement for immovable property. It therefore does not support a blanket conclusion that the rule always applies to real estate or never applies. Before filing, its effect should be assessed for the specific property and claim.

A buyer assessing a difference or omission in the energy data should check the sale documents, the energy performance certificate provided before entering into the agreement and the exact description of the property offered. The guide to the energy certificate in an apartment-building sale addresses those buyer and contract questions.

That contract review does not determine whether a competitor may seek an injunction under sections 2 and 14 UWG. The specific commercial practice and the right to bring the claim must be assessed separately. This article remains focused on the competition-law assessment of a property listing.