Judgment_paragraph 30 · Eco-Emballages SA and Others v Sphère France SAS and Others and Melitta France SAS and Others v Ministre de l’Écologie, du Développement durable et de lʼÉnergie (C-313/15, C-530/15)

30It must be pointed out, in this connection, that it follows from the very wording of the latter provision that the three negative criteria set out therein are cumulative. Consequently, only those items which, while fulfilling the positive definition of packaging, meet those three criteria simultaneously are not to be considered to be packaging, within the meaning of Directive 94/62.