ABSTRACT

This chapter provides an overview of the provisions of the German legislation regarding reuse and analyses it in terms of the Treaty, the Directive itself, and case law. It looks at the current technological issues and competition policy issues which have contributed to the debate. In analysing the legal implications of packaging legislation, one must bear in mind the general hierarchy of European Community law: the Treaty takes precedence, followed by the provisions of directives and regulations, all of which are interpreted by the case law of the European Court of Justice. In 1996, Denmark adopted several decrees regarding packaging, which were then notified to the Commission. In addition to the Commission’s protest that the decrees should have been notified before their adoption, several Member States filed Detailed Opinions. Alternatives in other Member States While Germany may insist that the reuse quota is the minimum restraint possible to promote reuse, other Member States have found alternatives.