Publication
17 Aug 2023 ·
Croatia
Update on the Green Dot in France
2 min read
This year-end 2022 is an opportunity to provide an update on the suspension of the Green Dot ban. Indeed, the penalty on the eco-contribution that France has sought to impose on users of the Green Dot, accused of being a source of confusion for consumers as to the rules of sorting, is still suspended, the French Council of State (Conseil d’Etat) being called upon to rule on its legality in light of EU law.
For further context, the Circular Economy law1 provided for the application of a penalty on producers using potentially confusing markings or signage for consumers that will at least double their eco-contribution paid to the relevant eco-organization (art. L. 541-10-3, para. 5, C. env.).
In the disputed Order of November 30th, 2020, the French Minister for the Ecological Transition designated as potentially confusing markings and signage, graphic figures representing two or more arrows rolled up and inscribed in a circle. The Order aims unequivocally at the Green Dot.
On March 15th, 2021, the Conseil d’Etat, referred by several major professional associations and by the holder and licensor of the Green Dot trademark in the European Union, suspended the application of the disputed Order. It notably highlighted that the penalization of the Green Dot would force producers to design new packaging or adapt their distribution channels within a very short timeframe or risk being financially penalized.
It also considered that the Minister of Ecological Transition did not provide any proof that the disappearance of the Green Dot signage would be likely to change sorting habits on its own.
A decision on the merits is still pending. Let’s keep an eye on it!
