Official Journal of the European Union

C series

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C/2025/3069

10.6.2025

(Case T-242/25)

(C/2025/3069)

Language of the case: German

Parties

Applicant: Saier Verpackungstechnik GmbH & Co. KG (Alpirsbach, Germany) (represented by: R. van der Hout, V. Lemonnier, C. Wagner and S. Walter, lawyers)

Defendants: European Parliament, Council of the European Union

Form of order sought

The applicant claims that the Court should:

—annul the PPWR; (1)

—in the alternative, annul Article 29(1), (2), (3) and (4)(c) and (d) of the PPWR;

—in the alternative, annul Article 29(1), (2) and (3) of the PPWR, in so far as those provisions include the packaging format ‘pails’;

—order the defendants to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on the following six pleas in law:

1.The legislature relied on an incorrect legal basis for the PPWR, and in particular Article 29(1) to (4) thereof, in that it relied on the legal basis for competence related to the internal market (Article 114 TFEU) instead of the legal basis for environmental policy (Article 192 TFEU), even though the regulation, and in particular Article 29 thereof, clearly focuses on environmental policy.

2.Article 29 of the PPWR infringes the obligation to state reasons under the second paragraph of Article 296 TFEU, since the PPWR and the legislative documents contain no statement of reasons for that provision, even though it is of paramount importance, and in particular Article 29(4)(c) and (d) of the PPWR is contrary to the regulatory objectives of the PPWR.

3.Article 29(2) of the PPWR is disproportionate, in so far as the use of the packaging format ‘pails’ as single-use packaging when used as transport packaging or sales packaging for supplies within an undertaking will be prohibited, although that is not appropriate for achieving the objective pursued by the provision and, moreover, less onerous means are available.

4.Article 29(3) of the PPWR is disproportionate, in so far as the use of the packaging format ‘pails’ as single-use packaging when used as transport packaging or sales packaging for transporting products, for supplies within a Member State, will be prohibited, although that is not appropriate for achieving the objective pursued by the provision and, moreover, less onerous means are available.

5.Article 29(1) of the PPWR is disproportionate, in so far as for the use of the packaging format ‘pails’ when used as transport packaging or sales packaging for transporting products, a minimum 40 % rate will be imposed, although that is not appropriate for achieving the objective pursued by the provision and, moreover, less onerous means are available.

6.Article 29 of the PPWR infringes the principle of equal treatment with the exceptions laid down in Article 29(4)(c) and (d) of the PPWR, in that the manufacturers and suppliers of plastic pails are disadvantaged compared to manufacturers and suppliers that make flexible formats or cardboard boxes available.

Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (OJ L, 2025/40) (Packaging and Packaging Waste Regulation; ‘the PPWR’).

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ELI: http://data.europa.eu/eli/C/2025/3069/oj

ISSN 1977-091X (electronic edition)

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