Court decisions

Case no.: 
7 A 157/23 

Facts of the matter:
The decision confirms the appropriateness of the generalised market assessment approach when deciding whether to classify packaging as being subject to system participation or not, as set out in the ZSVR’s system participation requirement catalogue. Quantity may be used as a material delineation criterion.

Judgement of the Osnabrück Administrative Court (paint and laquer)

Case no.: 
7 A 162/23

Facts of the matter:
The decision confirms that food packaging can only be classified as not being subject to system participation when its labelling prohibits its sale to private final consumers, regardless of quantity. Where the labelling prohibits supply to private households but permits supply to comparable sources of waste generation (canteens, commercial kitchens), this packaging is subject to the overall market assessment and may or may not be subject to system participation depending on the quantities listed in the ZSVR’s catalogue.

Judgement of the Osnabrück Administrative Court (salad cream)

Case no.: 
9 K 783/22

Facts of the matter:
The decision confirms that reusable shopping bags are classified as service packaging and are therefore subject to system participation. According to general commercial usage, they are typically supplied to be filled with goods in store. Being used a second time or any further use are irrelevant.

First instance decision appealed – final ruling pending 

Case no.: 
7 A 152/23

Facts of the matter:
The decision confirms that glasses cases supplied in conjunction with glasses constitute retail packaging subject to system participation. According to general commercial usage, glasses cases are not an integral component of glasses as a product. Extending the lifetime of the glasses or usage as a means to store them are irrelevant. The fact that glasses cases can be provided empty makes no difference.
 

Case no.: 
7 A 151/23

Facts of the matter:
The decision confirms that dummy cases containing dummies (pacifiers) constitute retail packaging subject to system participation. According to general commercial usage, dummy cases are not an integral component of dummies as a product. Extending the life of the dummy or serving as storage for it, as well as any further usage such as sterilising the dummy are irrelevant. The fact that dummy cases can be provided empty makes no difference.
 

Case no.: 
10 AV 1/23

Facts of the matter:
The decision states that Osnabrück Administrative Court is responsible for hearing claims against the ZSVR’s administrative acts, not the claimant’s local administrative court. The ZSVR is also treated as an authority under the Rules of the Administrative Courts.

Decision of the Federal Administrative Court

Case no.: 
9 K 391/22.TR

Facts of the matter:
The decision arises from a case where the claimant was not the counterparty to a classification decision but rather a company that also placed reusable shopping bags on the German market, albeit with a different outward appearance. This was not sufficient standing to bring a claim. The company would need to make its own classification application to proceed.

Judgment of the Trier Administrative Court