The ‘packaging and packaging waste’ regulation, published in the Official Journal of the EU last January (see EUROPE 13563/28), is being challenged by the plastic packaging sector ahead of its implementation, which is scheduled for 12 August 2026 (see EUROPE 13563/28).
Seven appeals were published in the Official Journal of the EU on Tuesday 10 June by companies from Germany (Saier, Schütz and Jokey), Italy (Ecoplastica and Ilip), France (Dynaplast) and Romania (Raficon), defended by the German legal firm Kapellmann.
The new rules in the regulation contain binding targets for packaging reuse and packaging reduction (5% by 2030, 10% by 2035 and 15% by 2040), and specifically require Member States to reduce the amount of plastic packaging waste.
By lodging their appeals, the companies are seeking the annulment of the Packaging and Packaging Waste Regulation or, at the very least, the withdrawal of Articles 25 and 29. They are opposed to the restrictions contained in Article 25, which stops economic operators from placing “on the market packaging in the formats and for the uses listed in Annex V” (single-use plastic packaging, very lightweight plastic carrier bags, etc.).
The ‘packaging and packaging waste’ regulation “infringes the principle of equal treatment by discriminating against suppliers and manufacturers of single-use plastic crates in comparison with suppliers and manufacturers who use packaging made from other materials (....), in particular cardboard”, states the appeal lodged by Ecoplastica. (Original version in French by Florent Servia)