European Court rules against German refillable packaging

In a decision which will impact labeling useage in Europe’s biggest economy, the European Court of Justice has ruled against German packaging legislation which promotes reusable packaging.
The long awaited legal clarification confirms that the difference in environmental impacts between refillable and non-refillable packages varies according to local circumstances and is nearly always marginal.
The court ruled that Germany failed to fulfil its obligations under Article 5 of the EU Packaging and Packaging Waste Directive and Article 28 of the EU Treaty by establishing a system of reusable packaging for producers of natural mineral waters that are required by another EU law to be bottled at source.
Additionally, the Court stated that the German law puts at a disadvantage companies in other EU Member States who produce and distribute other types of drinks in non-reusable packaging.
Julian Carroll, md of the European Organization for Packaging and the Environment (EUROPEN), commented, ‘More than any other, Article 5 of the 1994 Directive has posed difficulties for industry and for regulators.’ The interim report of a study currently being undertaken for the European Commission into the implementation and impact of the Directive shows that half of the complaints about its implementation by member states relate to beverage packaging, and half of those relate to requirements for refillable packaging.