In a ruling handed down on Wednesday 31 January (Case T-745/20), the General Court of the European Union has dismissed an appeal by two British companies against the marketing ban on products made from oxo-degradable plastic (i.e. containing additives which, under the effect of oxidation, lead to chemical decomposition).
In the United Kingdom, two companies are seeking compensation for the damage they claim to have suffered as a result of the ban, introduced in 2019 by Directive 2019/904, on placing products containing oxo-degradable plastic on the market. They believe that the ban should not apply to an additive that they produce and describe as oxo-biodegradable, i.e. capable of biodegrading more quickly.
The General Court has ruled that the European legislature did not commit a manifest error by prohibiting the marketing of plastic-based products containing a pro-oxidant additive.
According to the scientific studies available when the directive was adopted, the level of biodegradation of this plastic is low, or even non-existent, both in the open air and in landfill or marine environments. Furthermore, plastic containing a pro-oxidant additive does not lend itself to any form of composting, and recycling it is problematic.
The Court also found that the contested marketing ban did not infringe the principle of proportionality, since it was in line with the directive’s objective of protecting the environment and human health.
According to the European Court, the ban in question does not infringe the principle of equal treatment either, as products made from plastic containing a pro-oxidant additive are not in a situation comparable to that of products made from conventional plastic. The faster fragmentation of plastic containing a pro-oxidant additive can have a greater negative impact on the environment when its biodegradation is concentrated over a shorter period, the Court added.
To see the General Court’s judgment, go to https://aeur.eu/f/anl (Original version in French Mathieu Bion)