# C_2006154EN.01000202.xml

| 1.7.2006 | EN | Official Journal of the European Union | C 154/2 |
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1.7.2006

EN

Official Journal of the European Union

C 154/2

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Order of the Court (Third Chamber) of 16 February 2006 (reference for a preliminary ruling by the Landesgericht Korneuburg) — Plato Plastik Robert Frank GmbH v Caropack Handelsgesellschaft mbH

(Case C-26/05) (1)

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(Second paragraph of Article 104(3) of the Rules of Procedure - Directive 94/62/EC - Packaging and packaging waste - Concepts of producer of packaging and producer of packaging materials - producer of plastic carrier bags)

(2006/C 154/04)

Language of the case: German

Referring court

Landesgericht Korneuburg

Parties

Applicant: Plato Plastik Robert Frank GmbH

Applicant:

Defendant: Caropack Handelsgesellschaft mbH

Defendant:

Re:

Reference for a preliminary ruling — Landesgericht Korneuburg — Interpretation of Article 3 of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ 1994 L 365, p.10) — Concepts of producers of grouped, sales or transport packaging and suppliers of packaging materials — Producer of plastic carrier bags

Operative part of the order

| 1. | Article 3(1) and (11) of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste must be interpreted as meaning that the producer of packaging is not necessarily the party who puts goods together, or causes them to be put together with the product intended as packaging. The producer of plastic carrier bags handed to customers free of charge or for a price in shops must be considered as being a producer of packaging. |
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1.

Article 3(1) and (11) of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste must be interpreted as meaning that the producer of packaging is not necessarily the party who puts goods together, or causes them to be put together with the product intended as packaging. The producer of plastic carrier bags handed to customers free of charge or for a price in shops must be considered as being a producer of packaging.

| 2. | Directive 94/62 must be interpreted as meaning that it is does not preclude the national legislation, such as the decree of the Federal Ministry for the Environment, Youth and Family Affairs on the avoidance and recovery of packaging waste and certain product waste and the setting-up of collection and recovery systems which provides that the producer of packaging, in particular plastic carrier bags must either accept the return of the bags after use or participate in a collection and recovery system of packaging waste unless a party further down the distribution chain takes over that obligation and the producer obtains a valid declaration on that matter. |
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2.

Directive 94/62 must be interpreted as meaning that it is does not preclude the national legislation, such as the decree of the Federal Ministry for the Environment, Youth and Family Affairs on the avoidance and recovery of packaging waste and certain product waste and the setting-up of collection and recovery systems which provides that the producer of packaging, in particular plastic carrier bags must either accept the return of the bags after use or participate in a collection and recovery system of packaging waste unless a party further down the distribution chain takes over that obligation and the producer obtains a valid declaration on that matter.

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(1)  OJ C 82 of 02.04.2005

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