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Specific case reports

Case report 01/2024: Online shop sells sodas in single-use beverage packaging subject to deposit – without charging deposit (published on 15.02.2024)

Publication date:15.02.2024
Administrative procedure:Disclosure requests or exchange of information pursuant to section 26 (1) no. 20 VerpackG
Facts of the matter:An online shop sold beverages subject to deposit without a deposit label and without charging a deposit.
Duties involved:Deposit obligation and registration requirement
Packaging involved:Single-use beverage packaging subject to deposit

Case report 01/2023: Food producer failed to file declaration of completeness (published on 31.03.2023)

Publication date:31.03.2023
Administrative procedure:Information reported to the responsible state authorities because there are specific grounds to suspect that administrative offences have been committed, cf. section 26 (1) no. 21 VerpackG (Packaging Act)
Facts of the matter:Producer failed to file declarations of completeness in breach of statutory duty
Duties involved:Duty to file an audited declaration of completeness pursuant to section 11 VerpackG
Packaging involved:Retail, grouped and shipment packaging subject to system participation

Case report 04/2020: Imports and failure to participate packaging in a system in the case of fashion boutiques with an online shop (published on 30.10.2020)

Publication date:30.10.2020
Administrative procedure:Information reported to the responsible state authorities because there are specific grounds to suspect that administrative offences have been committed, cf. section 26 (1) no. 21 VerpackG (Packaging Act)
Facts of the matter:Various affiliated fashion boutiques of an international brand that is located in Germany and sells directly to customers via its own online shop violated statutory packaging law obligations for years
Duties involved:System participation and registration
Packaging involved:Retail, grouped and shipment packaging subject to system participation for textiles, shoes or leather goods

Case report 03/2020: IT firm fails to meet system participation requirement (published on 21.09.2020)

Publication date:21.09.2020
Administrative procedure:Information reported to the responsible state authorities because there are specific grounds to suspect that administrative offences have been committed, cf. section 26 (1) no. 21 VerpackG (Packaging Act)
Facts of the matter:A large group of affiliated IT firms with a proprietary direct selling organisation failed to comply with its statutory packaging law obligations over many years
Duties involved:System participation and registration
Packaging involved:Retail, grouped and shipment packaging subject to system participation for information technology devices such as screens, keyboards, mice, printers, notebooks, desktop computers, servers, storage units, including hard drives, memory cards and USB flash drives

Case report 02/2020: Auditor violation of guidelines - unqualified opinion of declarations of completeness despite significant differences in volumes (published on 14.04.2020 with changes of 15.04.2020)

Publication date:14.04.2020
Administrative procedure:Hearing of registered experts and other auditors due to gross breach of duty against the declaration of completeness audit guidelines, cf. section 27 (4) VerpackG (Packaging Act)
Facts of the matter:Several registered experts and other auditors ignored evident differences in volumes when auditing and confirming declarations of completeness for the reference year 2018
Duties involved:Obligation to observe the legal requirements and the audit guidelines during audit activities under the Packaging Act
Packaging involved:Packaging subject to system participation that was placed on the market in the reference year 2018

Case report 01/2020: Garden centre - Failure to system participation and lack of a declaration of completeness (published on 19.03.2020 with changes of 23.04.2020)

Publication date:19.03.2020
Administrative procedure:Information reported to the responsible state authorities because there are specific grounds to suspect that administrative offences have been committed, cf. section 26 (1) no. 21 VerpackG (Packaging Act)
Facts of the matter:A German garden centre with several branches and mail order business has breached its obligations under packaging law
Duties involved:System participation and declaration of completeness for the 2018 reference year
Packaging involved:Retail and shipment packaging subject to system participation for garden centre supplies (plants, perennials, plant soil, potting soil, peat, bark mulch and more)