Administrative Court Osnabrück (VG Osnabrück): On the system participation obligation of a plastic bucket containing 9 kg of salad mayonnaise

The Administrative Court Osnabrück (VG Osnabrück) has, with a recent decision (judgment of 11.02.2025 – 7 A 162/23), provided landmark clarification on the system participation obligation of packaging.

What is this about?

The subject matter of the dispute was the classification of a plastic bucket filled with 9 kg of salad mayonnaise by the Central Office for the Packaging Register (ZSVR). The ZSVR had classified this packaging as subject to system participation obligations within the meaning of the Packaging Act (VerpackG), which would have had considerable financial and organisational consequences for the affected company. The system participation obligation under the Packaging Act (VerpackG) requires manufacturers and distributors of certain packaging to participate in a dual waste disposal system (e.g. Der Grüne Punkt, Interseroh). This applies in particular to packaging that typically ends up as waste in the private end consumer's household. Companies must register for this at the Central Office for the Packaging Register (ZSVR) and pay licence fees to finance the collection, sorting and recovery of packaging. The aim is to promote recycling and relieve the burden on public waste management.

Key findings of the decision

1. Abstract-typifying assessment: The Administrative Court Osnabrück confirms that the ZSVR is fundamentally entitled to carry out an abstract-typifying assessment when classifying packaging. This means that a general categorisation of packaging according to its usual disposal and use is permissible.
2. Consideration of special circumstances: However, the court emphasises that individual peculiarities must not be disregarded. This applies in particular to packaging that remains primarily in commercial enterprises and does not typically end up in household waste.
3. Review by administrative courts: The Administrative Court Osnabrück highlights that the decisions of the ZSVR are subject to administrative court review. This is particularly relevant when companies believe that their specific packaging has been wrongly classified as subject to system participation obligations.
4. Appeal permitted: The court has permitted an appeal, which means that review of the decision at the next instance is possible. The court takes the view that the decision-relevant legal questions have fundamental significance and that final clarification by the Higher Administrative Court or, if necessary, the Federal Administrative Court (BVerwG) would be appropriate.

Practical tip for companies on system participation obligations

Companies should carefully examine whether their packaging actually falls within the scope of system participation obligations. In particular, for large containers or packaging that is predominantly used in commercial areas, seeking judicial review may be worthwhile. Should your company be affected by a corresponding classification, we recommend early legal advice from AVANTCORE Rechtsanwälte to make efficient use of possible objection and legal action options.