Judgment_paragraph 2 · European Commission and Interessengemeinschaft der Grenzhändler (IGG) v Dansk Erhverv (C-508/21 P)

2Article 7 of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ 1994 L 365, p. 10), as amended by Directive 2015/720/EU of the European Parliament and of the Council of 29 April 2015 (OJ 2015 L 115, p. 11) (‘Directive 94/62’), entitled ‘Return, collection and recovery systems’, provides in paragraph 1:‘Member States shall take the necessary measures to ensure that systems are set up to provide for:(a) the return and/or collection of used packaging and/or packaging waste from the consumer, other final user, or from the waste stream in order to channel it to the most appropriate waste management alternatives;(b) the reuse or recovery including recycling of the packaging and/or packaging waste collected,in order to meet the objectives laid down in this Directive.These systems shall be open to the participation of the economic operators of the sectors concerned and to the participation of the competent public authorities. They shall also apply to imported products under non-discriminatory conditions, including the detailed arrangements and any tariffs imposed for access to the systems, and shall be designed so as to avoid barriers to trade or distortions of competition in conformity with the [FEU] Treaty.’