Product responsibility and environmental impact in ecodesign: legal perspectives on consumer protection and sustainability

Abstract

This contribution explores the evolving relationship between ecodesign and consumer protection within the EU legal framework, in light of the adoption of Regulation (EU) 2024/1781. By introducing binding sustainability criteria at the product design stage, the Regulation not only advances the environmental agenda of the Union but also reshapes the substance and scope of consumers' contractual rights. The paper first outlines the regulatory foundations of ecodesign and of consumer law, analysing their respective sources, objectives, and mechanisms. It then investigates the points of intersection between the two fields — particularly in relation to the obligation to inform, the notion of product conformity, and the fight against greenwashing — as well as the areas of divergence, highlighting differences in regulatory logic, enforcement structures, and personal scope. The study further considers how ecodesign strengthens consumer rights in both substantive and procedural terms, including the effectiveness of remedies and the empowerment of consumer choice. Particular attention is given to the role of national contract law in operationalising ecodesign obligations, as well as to the future implications for private international law, especially concerning overriding mandatory rules and jurisdictional coherence. Two additional dimensions are examined in depth: first, the potential impact of ecodesign standards on producer liability, both contractual and tortious, especially where misleading environmental information or unsafe product features are involved; second, the progressive emergence of sustainability as a general principle of contract interpretation, potentially guiding the reconstruction of parties’ intent and the integration of contractual duties in light of broader EU policy goals. The article concludes that ecodesign is not merely a technical discipline, but a structural component of an emerging European law of sustainable contracts, requiring deeper integration between private law and regulatory governance.