Dentons successfully represents Central Packaging Register Office before the Federal Administrative Court concerning mandatory system participation for reusable shopping bags

Berlin-Global law firm Dentons has successfully represented the Central Packaging Register (Zentrale Stelle Verpackungsregister "ZSVR") in a landmark case before the Federal Administrative Court. The court today confirmed, as the court of last resort, the ZSVR's legal position that permanent carrier bags are packaging subject to mandatory participation in the recycling system. These bags are plastic carrier bags with a wall thickness of 50 microns or more, of which approximately 99 million are placed on the market annually in Germany, according to figures from the Federal Environment Agency.

A major retail company had initiated the clarification process and filed a classification request. The ZSVR subsequently determined that participation in the recycling system was mandatory, which entails the obligation to pay disposal costs through the dual system. The company filed a lawsuit challenging this decision. After losing in the first instance before the Cologne Administrative Court, a direct appeal to the Federal Administrative Court was granted due to the fundamental significance of the case.

The Federal Administrative Court has now upheld the ZSVR's argument. The decisive factor is the function of the reusable shopping bag at the point of sale; a subjective classification as a "product" or "all-purpose bag" does not negate the obligation to participate in the system. It is sufficient that the bag is made available to customers in the checkout area in connection with their purchase for the purpose of transporting the goods. Whether it is provided free of charge or for a fee is irrelevant in this context.

The ruling has far-reaching implications for numerous industries. In addition to the food retail sector, furniture stores, garden centers, and drugstores, among others, may also be affected, provided they offer customers reusable shopping bags in connection with merchandise. For many companies, the decision may also have retroactive consequences.

Dr. Ilka Mehdorn, lead partner and Europe Head of Public Law and Regulatory, commented: "The ruling by the Federal Administrative Court is groundbreaking. It provides definitive clarification at the highest judicial level on an exceptionally practical issue regarding the scope of product liability under the Packaging Act and the obligation to participate in the recycling system for plastic shopping bags. It creates legal certainty for all parties involved."

Since the Packaging Act came into force in 2019, the ZSVR, as the designated authority, has been ensuring greater transparency and oversight in packaging recycling. Among other things, it maintains a packaging register of all legally obligated companies in industry and commerce, reconciles quantities reported by manufacturers and recycling systems, and sets standards for packaging design suitable for recycling.

Dentons advisors:

Dr. Ilka Mehdorn (Partner, Lead), Dr. Wolfram Krohn (Partner), Dr. Norman Hölzel (Partner), Johanna Flor-Ohleyer (Senior Associate), Michél Belaschki (Associate, all Public Law and Regulatory, Berlin)

Click here for the Federal Administrative Court's press release:

https://www.bverwg.de/de/pm/2026/57

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