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Case C-556/19: Judgment of the Court (First Chamber) of 21 October 2020 (request for a preliminary ruling from the Conseil d’État — France) — Société Eco TLC v Ministre d’État, ministre de la Transition écologique et solidaire, Ministre de l’Économie et des Finances (Reference for a preliminary ruling — State aid — Article 107(1) TFEU — Concept of ‘State resources’ — Increased responsibility of producers — Eco-body approved by the public authorities to collect financial contributions from those who place on the market certain products in order to be able to fulfil, on their behalf, their legal obligation to treat waste from those products — Financial support paid by that eco-body to contractually bound sorting operators)
ECLI:EU:UNKNOWN:62019CA0556
62019CA0556
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Official Journal of the European Union
C 423/11
(Case C-556/19) (1)
(Reference for a preliminary ruling - State aid - Article 107(1) TFEU - Concept of ‘State resources’ - Increased responsibility of producers - Eco-body approved by the public authorities to collect financial contributions from those who place on the market certain products in order to be able to fulfil, on their behalf, their legal obligation to treat waste from those products - Financial support paid by that eco-body to contractually bound sorting operators)
(2020/C 423/16)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Société Eco TLC
Defendants: Ministre d’État, ministre de la Transition écologique et solidaire, Ministre de l’Économie et des Finances
Intervening party: Fédération des entreprises du recyclage
Operative part of the judgment
Article 107(1) TFEU must be interpreted as meaning that a system whereby a private, non-profit eco-body, approved by the public authorities, receives contributions from those who place on the market a particular category of product and who enter into a contract with it to that effect, in return for a service consisting in the organisation on their behalf of the treatment of the waste from those products, and redistributes to operators responsible for the sorting and recovery of that waste, subsidies the amount of which is set out in the approval, in the light of environmental and social targets, does not constitute an intervention through State resources within the meaning of that provision, as long as those subsidies are not constantly under public control, which is for the referring court to determine.
(1) OJ C 328, 30.9.2019.