Furthermore, in so far as the rules at issue make the entry into force of a new packaging-waste management system conditional on the proportion of reusable packaging on the German market, they create a situation where any increase in sales of drinks in non-reusable packaging on that market makes it more likely that the system will change to one entailing an obligation to charge a deposit.

In May 2002 Radlberger and Spitz brought an action against Land Baden-Württemberg before the Verwaltungsgericht Stuttgart (Administrative Court, Stuttgart) in which they submit that the German rules on rates for reusable packaging and the related deposit and return obligations are contrary to Directive 94/62/EC on packaging and packaging Waste and to the free movement of goods guaranteed by the EC Treaty.

While the Commission sees the environmental benefit of charging a deposit and of taking back packaging, it believes that the way in which the deposit and return systems function in Germany constitutes a disproportionate barrier to the free movement of packaged beverages from other Member States, in violation of the Treaty's Internal Market rules (Article 28) and of Article 7 of Directive 94/62/EC (the "Packaging Directive"). These measures particularly affect imported drinks, given that, for reasons mainly related to long distance deliveries, some 95 per cent of imported drinks are in 'one way' packaging. The Commission's request will ta ...[+++]ke the form of a reasoned opinion, the second step of an infringement procedure under Article 226 of the EC Treaty. If Germany does not respond satisfactorily within two months, the Commission could decide to take the case to the European Court of Justice.

Under the German "Verpackungsverordnung" (law on packaging) a mandatory deposit of at least €0.25 or €0.50 (depending on the volume of the product) is being charged on mineral waters, beer and sparkling soft drinks sold in one-way packaging (typically, cans and plastic bottles). At the same time, retailers are obliged to accept the return of used packaging of the same type, shape and size as the packaging they carry in their own product range.

A levy of 0.67 EUR [147] per litre is charged on disposable packaging (0.17 EUR for packaging in a deposit-refund recycling scheme).

A levy of 0.67 EUR [153] per litre is charged on disposable packaging (0.17 EUR for packaging in a deposit-refund recycling scheme).