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Document 62022CA0086
Case C-86/22, Papier Mettler Italia: Judgment of the Court (Third Chamber) of 21 December 2023 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — Papier Mettler Italia Srl v Ministero della Transizione Ecologica, Ministero dello Sviluppo Economico (Reference for a preliminary ruling — Approximation of laws — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 98/34/EC — Information procedure in the field of technical standards and regulations and of rules on Information Society services — Obligation on the Member States to notify the European Commission of any draft technical regulation — National legislation containing stricter technical rules than those laid down by EU legislation)
Case C-86/22, Papier Mettler Italia: Judgment of the Court (Third Chamber) of 21 December 2023 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — Papier Mettler Italia Srl v Ministero della Transizione Ecologica, Ministero dello Sviluppo Economico (Reference for a preliminary ruling — Approximation of laws — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 98/34/EC — Information procedure in the field of technical standards and regulations and of rules on Information Society services — Obligation on the Member States to notify the European Commission of any draft technical regulation — National legislation containing stricter technical rules than those laid down by EU legislation)
Case C-86/22, Papier Mettler Italia: Judgment of the Court (Third Chamber) of 21 December 2023 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — Papier Mettler Italia Srl v Ministero della Transizione Ecologica, Ministero dello Sviluppo Economico (Reference for a preliminary ruling — Approximation of laws — Environment — Directive 94/62/EC — Packaging and packaging waste — Directive 98/34/EC — Information procedure in the field of technical standards and regulations and of rules on Information Society services — Obligation on the Member States to notify the European Commission of any draft technical regulation — National legislation containing stricter technical rules than those laid down by EU legislation)
OJ C, C/2024/1370, 19.2.2024, ELI: http://data.europa.eu/eli/C/2024/1370/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN Series C |
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C/2024/1370 |
19.2.2024 |
Judgment of the Court (Third Chamber) of 21 December 2023 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — Papier Mettler Italia Srl v Ministero della Transizione Ecologica, Ministero dello Sviluppo Economico
(Case C-86/22, (1) Papier Mettler Italia)
(Reference for a preliminary ruling - Approximation of laws - Environment - Directive 94/62/EC - Packaging and packaging waste - Directive 98/34/EC - Information procedure in the field of technical standards and regulations and of rules on Information Society services - Obligation on the Member States to notify the European Commission of any draft technical regulation - National legislation containing stricter technical rules than those laid down by EU legislation)
(C/2024/1370)
Language of the case: Italian
Referring court
Tribunale Amministrativo Regionale per il Lazio
Parties to the main proceedings
Applicant: Papier Mettler Italia Srl
Defendants: Ministero della Transizione Ecologica, Ministero dello Sviluppo Economico
Intervener: Associazione Italiana delle Bioplastiche e dei Materiali Biodegradabili e Compostabili — Assobioplastiche
Operative part of the judgment
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1. |
Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012, must be interpreted as precluding the adoption of national legislation prohibiting the marketing of single-use plastic carrier bags manufactured from non-biodegradable and non-compostable materials but which otherwise meet the requirements set by European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste, as amended by Commission Directive 2013/2/EU of 7 February 2013, where the Commission was notified of that legislation only a few days before it was adopted and published. |
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2. |
Article 18 of Directive 94/62, as amended by Directive 2013/2, read in conjunction with Article 9 of and Annex II to Directive 94/62, as amended, must be interpreted as precluding national legislation prohibiting the marketing of single-use plastic carrier bags manufactured from non-biodegradable and non-compostable materials but which otherwise meet the requirements set by Directive 94/62, as amended. That legislation may nevertheless be justified by the objective of ensuring a higher level of environmental protection, where the conditions provided for in Article 114(5) and (6) TFEU are fulfilled. |
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3. |
Article 18 of Directive 94/62, as amended by Directive 2013/2, read in conjunction with Article 9(1) of and Annex II to Directive 94/62, as amended, must be interpreted as having direct effect, so that the national court must, in a dispute between an individual and national authorities, disapply any national legislation contrary to Article 18. |
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4. |
Article 18 of Directive 94/62, as amended by Directive 2013/2, must be interpreted as meaning that national legislation prohibiting the marketing of single-use plastic carrier bags manufactured from non-biodegradable and non-compostable materials but which meet the other requirements set by that directive is liable to constitute a sufficiently serious infringement of Article 18. |
ELI: http://data.europa.eu/eli/C/2024/1370/oj
ISSN 1977-091X (electronic edition)