Luxembourg, 14/12/2004 (Agence Europe) - According to a press release the Court of Justice has just produced two rulings on the legality of the system for returning single-use drink packages in Germany. This system is only legal on the condition that non-usable drinks producers (generally plastic but not always) and has a reasonable transition period for putting into place their returns system. The change-over to this new system has to be done without a break and without endangering producers' opportunities for taking part in the new bottle collection system, explains the Court.
In 1999, the federal government, in keeping with legislation in force at the time on ecological considerations, compelled single-use drinks packaging producers to set up, at their cost, centres for returned bottles. This obligation is triggered when the number of reusable bottles in use (in general glass but not always) in Germany goes below the 72% threshold. The European Commission had taken Germany to court, as well as the Radlberger company, which, affected by this regulation, had taken the question to a German court, which sent the case to the Court of Justice. The two plaintiffs protested against the validity of the Germany regulation (see EUROPE 30 November 2004 p 18).
Commissioner Günter Verheugen and Stavros Dimas immediately welcomed this decision that will allow work to be done with Germany on amending its national provisions. Julian Carroll, Director the European Packaging and Environmental Organisations (EUROPEN) said that the decision clarified Article 5 of the directive 94/62/EU on packaging and packaging waste and that it would allow competition distortions be avoided between European companies in this sector.