Urteil des Verwaltungsgerichts Köln (The court decision is only available in German)
Court decisions
This page contains court decisions in proceedings against the Zentrale Stelle Verpackungsregister (Central Agency Packaging Register – ZSVR). Use the overview to quickly access relevant judgments and decisions.
Individual court decisions
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.
Zum Beschluss des Bundesverwaltungsgerichtes (The decision is only available in German)
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.
Zum Urteil des Verwaltungsgerichtes Trier (The decision is only available in German)
