do-me/EUR-LEX huggingface dataset:
Case T-243/25: Action brought on 13 April 2025 – Silver-Plastics v Parliament and Council
Date: 2025-04-13
Institutions: General Court
Subjects: environmental protection, equal treatment, legal basis, packaging product, plastics, recycled product, supplier








C_202503305EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/3305


24.6.2025






Action brought on 13 April 2025 – Silver-Plastics v Parliament and Council


(Case T-243/25)

(C/2025/3305)
Language of the case: German

Parties


Applicant: Silver-Plastics GmbH & Co. KG (Troisdorf, Germany) (represented by: R. van der Hout, C. Wagner, V. Lemonnier and S. Walter, lawyers)

Defendants: European Parliament, Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul the PPWR (1) in its entirety;










—


in the alternative, annul Article 7(5)(b) of the PPWR;










—


in the alternative, annul Article 7(1) and (2) of the PPWR;










—


order the defendants to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


Article 7 of the PPWR is in breach of the principle of equal treatment on account of the exception in Article 7(5)(b) of the PPWR, in that manufacturers and suppliers of packaging the plastic part of which is at least 5 %, are placed at a disadvantage in comparison with manufacturers and suppliers of packaging the plastic part of which is less than 5 % of the total weight of the whole packaging unit.










2.


Article 7(5)(b) of the PPWR infringes Article 11 TFEU and Article 37 of the Charter of Fundamental Rights of the European Union, (2) in that it creates an exception for packaging that is non-recyclable or difficult to recycle and that contains a low amount of plastic. That exception runs counter to the requirements and aims of environmental protection, and is not justified.










3.


The legislature based the PPWR, Article 7 thereof in particular, on an incorrect legal basis, in that it relied on a competence relating to the internal market (Article 114 TFEU), rather than on the legal basis relating to the environment policy (Article 192 TFEU), even though the regulation, Article 7 thereof in particular, has an obvious focus on environment policy.










4.


Article 7(5)(b) infringes the duty to state reasons under the second paragraph of Article 296 TFEU, as the PPWR and its travaux préparatoires do not contain reasons for the exception, even though it is of significant importance and runs counter to the normative objectives of the PPWR.






(1)  Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (OJ L 2025/40) (the packaging and packaging waste regulation; ‘the PPWR’).

(2)  
            OJ 2012 C 326, p. 391.


ELI: http://data.europa.eu/eli/C/2025/3305/oj
ISSN 1977-091X (electronic edition)
Case T-244/25: Action brought on 13 April 2025 – ILIP v Parliament and Council
Date: 2025-04-13
Institutions: General Court
Subjects: equal treatment, legal basis, market approval, non-durable goods, packaging, plastics, principle of proportionality, supplier








C_202503070EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/3070


10.6.2025






Action brought on 13 April 2025 – ILIP v Parliament and Council


(Case T-244/25)

(C/2025/3070)
Language of the case: English

Parties


Applicant: ILIP Srl (Valsamoggia, Italy) (represented by: R. van der Hout, V. Lemonnier, C. Wagner and S. Walter, lawyers)

Defendants: European Parliament, Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


Annul Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (‘PPWR’), in its entirety;










—


In the alternative, annul Article 25 and Annex V of the PPWR;










—


In the alternative, annul Article 25(1) in conjunction with Annex V No. 2 and/or No. 3 of the PPWR, insofar as it prohibits the placing on the market of the packaging formats and use cases mentioned therein, and










—


Order the defendants to bear the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging that the Union legislator has based the PPWR, in particular Article 25(1) in conjunction with Annex V of the PPWR, on an incorrect legal basis by selecting the internal market legal basis (Article 114 TFEU) instead of on the environmental legal basis of Article 192 TFEU, although the regulation and in particular Article 25(1) thereof obviously has an environmental focus.










2.


Second plea in law, alleging that Article 25(1) in conjunction with Annex V of the PPWR violates the principle of equal treatment by discriminating against suppliers (such as the applicant) and manufacturers (such as the applicant’s customers) of the single-use plastic packaging covered by the regulation, as compared to suppliers and manufacturers who use packaging made of other materials for the uses concerned.










3.


Third plea in law, alleging that Article 25(1) in conjunction with Annex V No. 2 and No. 3 of the PPWR violates the obligation to state reasons under Article 296(2) TFEU, as the PPWR and the legislative documents do not contain any reasons for this ban, although it is of considerable importance and contrary to the regulatory objectives of the PPWR.










4.


Fourth plea in law, alleging that Article 25(1) in conjunction with Annex V No. 2 and No. 3 of the PPWR violates the principle of proportionality by prohibiting the placing on the market of certain single-use plastic packaging, although this is not suitable for achieving the objective of the regulation.






ELI: http://data.europa.eu/eli/C/2025/3070/oj
ISSN 1977-091X (electronic edition)