Each specific Energy Labelling regulation requires that in the case of distance selling and sale through the internet, the label and product information sheet are provided in a format further specified in the relevant annex. What triggers this obligation? Is the indication of price sufficient to trigger the obligation? Is the presence of a 'buy' or 'add to basket' button needed to trigger the obligation?
The simple indication of a price alone is not sufficient to trigger the obligation – it is not an offer to sell. For the obligation to apply, the website must provide the possibility to place an order. This may be quite simple (e.g. an e-mail contact, phone or fax number on the website or in a catalogue which the customer can use to order products), or it can be a complete ordering and shipping system.
The obligation is triggered regardless of the existence of a 'buy' or 'add to basket' button. This is also the case when multiple products are displayed, e.g. for comparison purposes.
The electronic label and product fiche have to be displayed in a way that is clearly visible and legible and close to price of the product. Alternatively they may be shown in a nested format, as described in the regulation. Dealers are free to determine whether they display the full label and product fiche or their nested form.
Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.