The disposable deposit system has been an integral part of German waste management for over 20 years. The prerequisite for the success of this system is comprehensive take-back and smooth deposit payment. Accordingly, all disposable bottles and cans that are sold must also be taken back and the deposit of 25 cent per container refunded.
In Germany, over 98% of deposit-bearing packaging is now collected and recycled, which continues to make a significant contribution to reducing waste. On the one hand, for environmental protection, but also for fair competition, it is crucial that all suppliers comply equally with this deposit obligation (in accordance with VerpackG §31). This stipulates that a deposit of at least 25 cent must be charged for all disposable beverage packaging subject to deposit and that all producers must participate in a nationwide uniform deposit system. Distributors must take back the appropriately labelled, empty packaging free of charge and refund the deposit to the end consumer. For small retail spaces (under 200 m²), this only applies to brands carried in the product range. Exceptions are made for very small (less than 0.1 litres) or large (more than 3 litres) packaging, as well as certain types of beverages such as wine or fruit juices. The aim of the Packaging Act (Section 1 (1)) is also to ensure fair competition, whereby companies that do not comply with these regulations gain unlawful cost advantages.
Discounter refuses to take back packaging
Against this backdrop, sellers and producers could face stricter controls in the future. The reason for this is a lawsuit against a well-known non-food discounter, where test visits to three stores (in Berlin and Rielasingen) revealed that the return of deposit-bearing disposable packaging and the payment of deposits were refused. The case was reported by Environmental Action Germany (DUH). By refusing to take back packaging and pay out deposits, the discounter gained an unlawful competitive advantage over other market participants. The DUH, which had carried out the spot checks, felt compelled to take action against the discounter and filed a lawsuit with the Düsseldorf Regional Court. The court ordered the non-food discounter to take back deposit-bearing disposable beverage packaging free of charge and at the same time demanded repayment of the deposit (Ref. 38 O 71/25).
Stricter deposit controls in future
The Federal Managing Director of the DUH, Barbara Metz, welcomed the ruling and emphasised that, given the seriousness of the violation, it was essential to force the discounters concerned to comply with the law through legal action. She also criticised the fact that there had been repeated violations of the take-back obligation and deposit payment in the past and called for more consistent implementation of the disposable deposit obligation by all suppliers ofdeposit-bearing beverages.
To ensure that the court ruling is complied with in future, the DUH announced that it would continue to carry out random tests, which will affect not only discounters but also other large retailers, in order to check more meticulously for violations of the take-back obligation and deposit payment. The ruling against the discounter in question thus sends a clear signal for the enforcement of the Packaging Act and also heralds stricter controls that many other companies may face in the future.
As trade-e-bility reports, it is not only environmental activists who are hunting down retailers. TV celebrities such as the so-called "Anzeigenhauptmeister" (chief complaint inspector) have also taken up the deposit obligation as a field of activity.
Legal problems due to the deposit obligation? VERE e.V. members can contact their association via info@vereev.de. VERE has excellent contacts with experienced lawyers specialising in packaging law and will be happy to help you.
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Questions about the Packaging Act? Then please contact take-e-way consulting team via +49/40/750687-0 or send an email.
