CJEU interprets “Packaging” in Interfel (C-772/24) – Cyber Tech

On August 1, the CJEU delivered an fascinating judgment in Interfel (C-772/24), which might help in selling sustainable consumption. 

In an effort to fight waste and help round financial system, French legislation prohibited the putting of labels straight on fruit or greens offered on French territory, except the labels had been home-compostable and fabricated from bio-sourced supplies (para 8). The thought was simple: shoppers might extra simply and sustainably eliminate spoiled fruit or greens. (Who has not spent hours of their life eradicating annoyingly sticky, unwilling-to-just-let-go labels from produce?) 

Nevertheless, the query arose whether or not this nationwide rule complied with Directive 94/62 on packaging and packaging waste. Article 18 of the Directive requires the Member States to allow the sale of merchandise on their territory if their packaging complies with the Directive. This provision prevents Member States from imposing extra restrictions that would hinder the interior market.

The CJEU started by emphasising the Directive’s environmental goals: to cut back the affect of packaging and packaging waste on the atmosphere, overlaying all packaging positioned available on the market (para 12). To evaluate whether or not the French measures complied with EU legislation, the Court docket examined the Directive’s definition of “packaging”. The time period have to be interpreted broadly (para 13), however nonetheless fulfil one of many capabilities set out within the Directive, particularly: “containment, safety, dealing with, supply and presentation of products” (para 15). Packaging should additionally fall into one of many three classes: “gross sales packaging, grouped packaging or transport packaging” (para 17). Ancillary components built-in into packaging are additionally thought-about packaging (para 20). Annex I to the Directive offers illustrative examples of packaging, together with “labels hung straight on or hooked up to a product” (para 21).

In answering the nationwide court docket’s query, the CJEU burdened that, to qualify as packaging, a product should meet the above standards (para 25). Particularly, it should carry out at the very least one of many three fundamental packaging capabilities: containment/safety, dealing with/supply, or presentation. Labels on fruit and greens are sometimes smaller than the produce itself and due to this fact unlikely to supply containment or safety (para 28). Nor are they often used for dealing with or supply functions (para 29). The remaining query was whether or not labels serve a presentation operate – a matter the Court docket famous might rely upon the precise context/ label (para 30).

In conclusion, the CJEU indicated that France might impose extra sustainable necessities for such labels, however solely the place the labels don’t carry out any of the three capabilities assigned to packaging underneath EU legislation.