Germany Suffers EU Court Setback On Recycling

Tough German laws on recycling discriminate against foreign producers of mineral water, an EU court adviser said. The comments could undermine Germany’s battle with the European Union over environmental legislation.

The European Commission has given Germany two months to change its recycling system or face a lawsuit. It says the system is too complex and hits foreign producers, which prefer to use plastic bottles and other non-reusable containers.

The mineral water case concerned rules saying that under the recycling system, empty bottles must be sent back to the source of the water to be refilled.

"It can be determined that Germany has violated its commitments," said European Court of Justice advocate general Damaso Ruiz-Jarabo Colomer.

He also questioned the whole idea of having a system of deposits, which are returned to the customer when they return their bottle to the retailer.

"Ultimately, requiring a deposit on one-way packaging is not a suitable means to promote the use of reusable packing," he said.