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Tübingen's unilateral attempt to introduce a packaging tax has failed in court. Today, the German Packaging Institute dvi welcomes the judges' decision. Taxes only create additional burdens. Instead of passing them on, problems should be solved.
Tübingen's controversial packaging tax has been overturned. In a judicial review procedure, the judges of the Baden-Württemberg Administrative Court (VGH) declared the city's statutes on this tax invalid.
The owner of the McDonald's branch in Tübingen had filed a lawsuit. In her opinion, the local excise duty of 50 cents per disposable drinks container, disposable tableware and disposable food packaging and 20 cents for each disposable cutlery set, which has been levied since the beginning of the year, is contrary to federal waste legislation. The plaintiff had argued that it was already paying licence fees for its participation in the dual system for the packaging placed on the market. The VGH has now probably followed this view.
Administrative Court overturns Tübingen packaging tax
„The dvi shares the opinion of the VGH,“ says dvi-Managing Director Kim Cheng and points out that the Federal Constitutional Court had already ruled accordingly in 1998 with regard to a packaging tax in Kassel and overturned the tax. According to the dvi, it can be assumed that the Mannheim judges will follow the Federal Constitutional Court in their reasons for their decision, which will be available in around 14 days.
Dangerous multiple burdens on companies
„Individual municipal packaging taxes are neither justified nor expedient, even beyond the purely legal situation,“ emphasises Cheng. „The packaging industry should not be burdened twice and three times over by various accumulated taxes at European, national and regional level. Especially in times of exploding raw material, energy and production costs, we need to proceed with caution. This also applies with regard to the draft bill recently presented by the Ministry of the Environment on the Single-Use Plastics Fund Act and the imminent levy of the EU plastic tax on companies,“ the dvi Managing Director continued.
Solving problems and not passing them on
„We need to solve problems for society as a whole and not impose the consequences on a single shoulder by constantly imposing new charges,“ recommends Kim Cheng. „The collection and proper disposal of used packaging only works as a team. In this case, that means producers, system catering and local authorities together with consumers. Solving the problem by levying taxes may seem attractive to some, but it falls short - or even comes to nothing. It leads to even more complexity and further increases in costs. It would make more sense to get consumers more on board. Convincing and motivating them is much more effective and sustainable than constantly penalising them,“ says Kim Cheng.
Source: German Packaging Institute dvi e.V.
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