In view of increasing environmental regulations and complex market structures, the question of one's own obligation to participate in a system for packaging is receiving more and more attention. The Packaging Act (in particular Sections 7–11 VerpackG) generally stipulates that producers of packaging subject to participation must participate in appropriate systems before placing it on the market and must provide information on the type of material, mass and registration number. This participation is intended to ensure the comprehensive take-back and recycling of packaging.
Shoe boxes, for example, are subject to mandatory participation in the system according to the law. This means that companies that place such boxes on the market must participate in a dual system that regulates the collection and disposal of this packaging. The German Foundation Central Agency Packaging Register (ZSVR) is responsible for monitoring and registering this waste. A lawsuit has now been filed against this authority.
As reported by the German Federal Association for Secondary Raw Materials and Waste Disposal (bvse), one of Germany's largest shoe retailers had contested its obligation to pay and applied for exemption from the system participation obligation for certain own-brand shoe boxes.
Much packaging waste remains on site
The company argued before the Gelsenkirchen Administrative Court that many shoe boxes remained in the stores after sale and were not taken away by customers. Therefore, these boxes should not be subject to the system participation obligation. The shoe retailer sees itself as doubly burdened in this regard: on the one hand, it has to dispose of the boxes that remain in the store itself, and on the other hand, it has to pay fees for participation in the dual system, which are levied on packaging that ends up with the end consumer, causing licensing costs to around half a million euros per year for the company concerned, as WELT explains.
In a landmark decision, the Gelsenkirchen Administrative Court ruled that the typical market channel in the entire German shoe market must be taken into account, meaning that not only on-site sales in stores, but also online and mail order sales must be considered in the ruling.
If at least 50% of the packaging did not leave the store after sale, the court could consider an exemption from the participation obligation. However, according to a court expert opinion, 62% of shoe boxes actually remain with the end user, whether purchased directly in the store or as part of online shipping. Participation in the dual system is therefore classified as necessary. On 28 November 2025, the Gelsenkirchen Administrative Court (Ref. 9 K 539/22) ruled in favour of the ZSVR and dismissed the action accordingly. The ruling has been legally binding since 20 January 2026, as announced by the online magazine 320°.
Challenge for many sellers
The ruling on shoe boxes is part of a broader context in which it is repeatedly clarified which packaging is subject to system participation and which is not.
Several other companies had previously attempted to challenge their own double burden by arguing that their packaging was fundamentally part of their product. However, in most cases, the competent administrative courts ruled in favour of the ZSVR. For example, it was decided that mayonnaise buckets and dummy boxes are also not exempt from the system participation obligation. In one case, however, it was successfully ruled that a soap bubble container, as part of a toy, does not constitute packaging subject to system participation.
The proceedings described above demonstrate the ever-growing importance of packaging disposal and producer responsibility in German commerce. VERE e.V. is particularly committed to supporting small and medium-sized enterprises, which are increasingly burdened by the growing number of legal requirements. In addition, take-e-way can offer comprehensive advice and practical solutions relating to the Packaging Act so that companies are optimally prepared for these requirements and can efficiently fulfil their obligations. To this end, you can contact the take-e-way consulting team at any time via +49/40/750687-0 or send an email.
If you have any legal concerns regarding system participation, VERE can put you in touch with experienced lawyers specialising in packaging law. Members can contact VERE at info@vereev.de for assistance.
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