Poles should not care more about the environment than the EU. We have received an official ban

The Directive of the European Parliament and of the Council on packaging and packaging waste introduced standards aimed at greater environmental protection for all Member States. The EU hopes that this will reduce the overall amount of packaging and waste across Europe. It turns out that a member state cannot produce less waste than the EU decides.

The CJEU considered a case involving an Italian company manufacturing plastic shopping bags

The Court of Justice of the European Union dealt with the issue of the packaging directive based on a case from Italy. The company, which operates in the distribution of paper and synthetic parcels and packaging, manufactures plastic shopping bags. In 2013, Italy's Ministry of Environment and Economic Development adopted a decree-law banning the production and placing on the market of plastic bags for the transport of goods that do not meet certain requirements specified therein.

Italy has introduced legislation to reduce plastic production

Italian law specifically restricted the placing on the market of non-biodegradable single-use plastic bags and reusable plastic bags of a certain thickness, which varied depending on their shape and whether they were intended to come into contact with food. These requirements are therefore more restrictive than those provided for in the EU Directive. Union law allowed such bags to be placed on the market without restriction.

The CJEU sided with plastics

It seems that the EU authorities should appreciate the Italian authorities for further reducing the amount of waste produced. Nothing could be further from the truth. As a result of the complaint filed by the aforementioned company with the Italian Administrative Court, a preliminary question was submitted to the CJEU for a preliminary ruling. He said straight. EU law prevents the adoption of national rules prohibiting the placing on the market of single-use bags made of biodegradable and non-biodegradable materials, but fulfilling other requirements set out in the directive. In addition, the CJEU found that Italy violated Art. 18 of this order.

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Only the EU can decide how to care for the environment

Of course, from the perspective of manufacturers and the open flow of goods and services, the CJEU ruling is not surprising. A more restrictive law in a given country creates disparities between companies in different European countries. However, given the constant clamor of European institutions for environmental protection, the situation is quite absurd. The EU is infallible and only it can decide how we take care of the environment. If someone cares too much, they go to court in the EU.

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