June 17, 2025 14:39

The first legal appeals by European companies against provisions of the new Packaging and Packaging Waste Regulation (PPWR) have been submitted to the Court of Justice of the European Union (CJEU).

The full texts of the filings were published in the Official Journal of the European Union on June 10 (available here).

The legal challenge focuses on three key elements of the regulation that industry stakeholders consider particularly problematic: the mandatory reuse requirements for industrial packaging, the bans on certain single-use plastic packaging items, and the exemption from recycled content obligations for paper-based packaging with plastic liners.

According to the plaintiffs, these provisions violate fundamental principles underpinning the European Union, including the free movement of goods within the internal market, the principle of proportionality, and the prohibition of unjustified unequal treatment.

The principle of proportionality requires that any restriction on the freedom of trade must be justified by a legitimate public interest objective—such as environmental protection or consumer safety—and must be achieved through appropriate and no more restrictive means than necessary.

The prohibition of unjustified unequal treatment mandates that member states must not discriminate between similar products from different EU countries, ensuring a level playing field for all market operators.

The court must now assess the admissibility of each individual case and determine whether the contested acts can be challenged. If found admissible, legal proceedings can begin. However, no fixed timeline is in place for the admissibility review, leaving the legal calendar uncertain.

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