The Administrative Court of Baden-Württemberg has declared the Tübingen packaging tax invalid. The court thus ruled in favour of a tenant of a McDonald's branch in Tübingen.
In their judgement, the judges of the Administrative Court followed the opinion of a tenant of the McDonald's fast food chain that the packaging tax on disposable packaging in Tübingen violates federal waste legislation. According to media reports, the tenant argued that it was already paying licence fees for its participation in the dual system and that the packaging tax would therefore lead to an additional, considerable burden. The reasons for the judgement are not yet available, the appeal has been allowed. If the city of Tübingen appeals, the tax will continue to apply for the time being until a decision is made by the Federal Administrative Court.
Since January 2022, Tübingen has levied a tax on all disposable packaging, regardless of whether it is made of plastic, cardboard or aluminium, if the food or drink is intended for direct consumption. According to SWR, 50 cents will be charged for plates and cups, for example, and 20 cents for cutlery. The maximum is 1.50 euros per dish. The Tax to encourage businesses to offer reusable crockery, to reduce the mountains of rubbish and lower disposal costs for the city. After the tax was introduced, less rubbish had to be collected in Tübingen, according to the city council.
Source: Administrative Court of Baden-Württemberg
