take-e-way had reported in detail in 2021 on current and background details on the use of the Green Dot and the latest developments of the Packaging Act in France. Today we want to inform you about the latest developments on the subject.
As reported by the law firm Produktkanzlei, the two 2020 Ministerial Decrees were annulled by the Court essentially on procedural grounds, which classified or sanctioned Green Dot as confusing in terms of sorting rules (see CE, 30 June 2023, Nos. 449.872 - 450.134 - 450.158). The Conseil d’Etat’s reasoning is based on Directive (EU) 2015/1535, which requires the European Commission to be informed of any draft “technical regulation” that Member States intend to adopt (see Art. 5 of the Directive).
The Green Dot can therefore be used in practice. Nevertheless, it is likely that the French government will present a well-worded ban to the Commission. In view of the current situation, it is advisable to have own product or packaging labelling checked if there is any uncertainty about the use of the Green Dot.
For solutions on the subject of EU product labelling or packaging and, in particular, disposal labelling, the trade-e-bility consulting team is at your disposal via firstname.lastname@example.org or +49/40/75068730-0.