As expected (see HERE), the Council of State found that France had violated European rules on respecting the status quo.
As a reminder, in December 2022, the Government submitted its draft decree to the European Commission, as required for any new "technical rule" concerning, in particular, the prohibition of the use of specific products.
In accordance with European law (Directive 2015/1535 of September 9, 2015), the Commission asked the government to postpone the adoption of this decree until December 2023 because a European regulation was being drafted.
The Commission therefore asked France not to adopt this decree.
However, despite the Commission's request for postponement, the Government adopted its decree on June 20, 2023.
Compliance with this postponement is mandatory, and the contested decree is therefore flawed, due to its adoption before the expiry of the aforementioned postponement period, with a substantial defect justifying its annulment.
For Plastalliance, it is no longer possible for the government to adopt a new decree in the future, given the imminent adoption of the European regulation on packaging and packaging waste, which contains provisions that differ significantly from those in French law (AGEC law).
Our members, i.e. fruit and vegetable producers and packaging manufacturers, can count on Plastalliance to ensure this.