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Jurisdiction of ZSVR clarified

According to the judgement of the Federal Administrative Court, the ZSVR as an authority has nationwide powers as described in the Packaging Act.

The Federal Administrative Court has clarified the jurisdiction of the Central Agency Packaging Register. According to the ruling, even as a foundation under private law, it is an authority with nationwide powers as defined in the Packaging Act.

With the decision of the Federal Administrative Court served on 27 January 2023, the Legal question of local jurisdiction for actions against administrative acts of the Central Agency Packaging Register (ZSVR) based in Osnabrück clarified. An action against a categorisation decision by the ZSVR neither the Administrative Court of Osnabrück (seat of the defendant) nor the Administrative Court of Stuttgart (seat of the plaintiff) wanted to accept. The referral from the Administrative Court of Osnabrück to the Administrative Court of Stuttgart was deemed ineffective by the latter and the question of local jurisdiction to the Federal Administrative Court for a decision in May 2022. In its decision, the Federal Administrative Court stated the main reasons for its decision:

„The comprehensive legal integration into the federal administration and the nationwide activities justify placing the defendant (...) on the same organisational footing as federal authorities and other federal public-law institutions. (...) The concentration of disputes against decisions of the Central Agency at the administrative court in whose district the Central Agency has its seat is (...) appropriate and, in particular, takes account of the concern for specialisation pursued by § 52 no. 2 sentence 1 VwGO.“

It is thus recognised that the ZSVR, irrespective of its legal form as a foundation under private law, is a Authority with nationwide powers as defined in the Packaging Act is. This decision is an important signal with regard to the uniform application of the Packaging Act and a standardised jurisdiction in packaging law decisions. Court judgements on packaging law proceedings concerning the ZSVR thus have a uniform effect throughout Germany in the initial instance (VG Osnabrück) and the appeal instance (OVG Lüneburg), not only in the appeal instance at the Federal Administrative Court. The decision was therefore of great importance for the court in Osnabrück, which has jurisdiction as the defendant at the ZSVR's registered office.

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The starting point of the proceedings to determine the local jurisdiction of the Administrative Court of Osnabrück were Classification decisions on the system participation and deposit obligation for packaging. In four cases, the Osnabrück Administrative Court declared that it had no jurisdiction and referred the proceedings to the locally competent administrative courts at the plaintiffs' domicile. A final judgement has now been issued in one of the four proceedings. Based on the current decision, the three outstanding proceedings are still to be decided by the administrative courts at the plaintiffs' domicile. All currently pending and future proceedings before the Administrative Court of Osnabrück fall within the jurisdiction of the Administrative Court of Osnabrück.

„The decision is of fundamental importance for the work of the ZSVR. Companies that have to fulfil their obligations under packaging law need reliable and uniform case law in order to be able to base their business decisions on it. This creates a level playing field and is a relevant concern of the Ver- packG.“

Gunda Rachut, Board of the Central Agency Packaging Register (ZSVR)

Source: ZSVR

Further news on the Packaging Act