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12 November 2024
Deals | France | Public Law, Energy & Environment
In a decision handed down on 8 November 2024, at the request of the trade association ELIPSO (plastic and flexible packaging companies), the Conseil d'Etat annulled decree no. 2023-478 of 20 June 2023 relating to the obligation to present unprocessed fresh fruit and vegetables for sale without packaging made of plastic (new article D. 541-337 of the Environment Code). This decree was issued by the Government following the previous decision of 9 December 2022 in which the Conseil d'Etat annulled the first decree on the same subject, on the grounds that it did not comply with the scope of the ban provided for by law.
Following the analysis of the ELIPSO trade union, the Conseil d'Etat accepted that the decree was vitiated by a substantial defect, due to the fact that it was adopted before the expiry of the stand-still period provided for in Article 6 of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical standards and regulations.
On receipt of the draft decree, the European Commission had in fact enjoined the Government to postpone its adoption by twelve months, i.e. until 15 December 2023, given that this draft regulation on the use of packaging related to a matter already covered by the Proposal Packaging and Packaging Waste (PPWR).
Gide assisted the ELIPSO trade association with partner Emmanuel Vital-Durand, and counsel Thomas Brusq on aspects of public law and administrative litigation, and partner Benoît Le Bret on aspects of European law.
