The Federal Administrative Court has clarified: The Central Packaging Register (ZSVR) is a federal authority.

 

As reported by Euwid, the Federal Administrative Court has thus clarified the local court jurisdiction for lawsuits against the ZSVR and, according to the decision of January 9, 2023, considers the Osnabrück Administrative Court to be competent. The Federal Administrative Court justified the decision by stating that "the comprehensive legal integration into the federal administration and the nationwide activities" justify placing the ZSVR on an equal footing with federal authorities and other federal public-law institutions in terms of organizational law. Thus, it is now recognized that the ZSVR, irrespective of its legal form as a foundation under private law, is by virtue of entrustment an authority with nationwide powers circumscribed in the Packaging Act. According to Euwid, this is of fundamental importance for the work of the ZSVR, says ZSVR board member Gunda Rachut: "Companies that have to fulfill their obligations under packaging law need a reliable and uniform jurisdiction in order to be able to base their business decisions on it. This brings about a level playing field and is a relevant concern of the Packaging Act." According to Euwid, the background for the Federal Administrative Court's classification was a complaint against a decision on the system participation and deposit obligation of packaging from the ZSVR, which neither the Osnabrück Administrative Court nor the Stuttgart Administrative Court wanted to accept. The Stuttgart Administrative Court then referred the issue of local jurisdiction to the Federal Administrative Court for a decision in May 2022, is said.
 

Sources:

• Euwid Recycling und Entsorgung 5/2023 (Jan. 31, 2023)
• Photo: © Zentrale Stelle Verpackungsregister