C-341/01 Plato Plastik Robert Frank GmbH v Caropack Handelsgesellschaft mbH Date Avr 29, 2004 Source UNEP, InforMEA Nom du tribunal CJEU - Judgment of the Court (Fifth Chamber) of 29 April 2004 Résumé Case C-341/01 Plato Plastik Robert Frank GmbH v Caropack Handelsgesellschaft mbH (Reference for a preliminary ruling from the Landesgericht Korneuburg (Austria)) (Directive 94/62/EC – Packaging and packaging waste – Plastic carrier bags – National legislation on the collection and recovery of used packaging and packaging waste – Collection and recovery of used packaging and packaging waste – Obligation to use an authorised undertaking or to organise a collection system – Admissibility) Summary of the Judgment 1. Environment – Packaging and packaging waste – Directive 94/62 – Packaging – Definition – Plastic carrier bags – Included (European Parliament and Council Directive 94/62, Art. 3(1)) 2. Environment – Packaging and packaging waste – Directive 94/62 – Producer – Definition (European Parliament and Council Directive 94/62, Art. 3(1) 1. Article 3(1) of Directive 94/62 on packaging and packaging waste must be interpreted as meaning that the plastic carrier bags handed to customers in shops, whether free of charge or not, constitute packaging within the meaning of the directive since those plastic bags are intended to contain the goods purchased by customers and are designed to facilitate the transport of sales units in order to prevent physical handling and transport damage, they meet the two conditions laid down in Article 3(1) of the directive. Their exclusion from the definition of packaging would, first, run counter to a broad interpretation of that term and, second, would be likely to impede the attainment of the aims of the directive, which seeks to prevent and reduce the impact of packaging and packaging waste on the environment of Member States and non-member countries and thus to provide a high level of environmental protection. (see paras 52-53, 55-57, 59, operative part 1) 2. In the context of the first subparagraph of Article 3(1) of Directive 94/62 on packaging and packaging waste ‘producer’ refers to the producer of the goods, not the manufacturer of the packaging products. (see para. 74, operative part 2) JUDGMENT OF THE COURT (Fifth Chamber) 29 April 2004(1) (Directive 94/62/EC – Packaging and waste packaging – Plastic carrier bags – National legislation on the collection and recovery of used packaging and packaging waste – Collection and recovery of used packaging and packaging waste – Obligation to use an authorised undertaking or to organise a collection system – Admissibility) and THE COURT (Fifth Chamber),, after considering the written observations submitted on behalf of: after hearing the oral observations of de Plato Plastik Robert Frank GmbH, represented by M. Deuretsbacher and P. Angst, retired judge, of Caropack Handelsgesellschaft mbH, represented by K. Berger, of the Austrian Government, represented by T. Kramler, acting as Agent, and of the Commission, represented by G. zur Hausen, at the hearing on 22 May 2003, after hearing the Opinion of the Advocate General at the hearing of 11 September 2003, gives the following On those grounds, THE COURT (Fifth Chamber), Timmermans Rosas von Bahr R. Grass V. Skouris Registrar President Texte intégral eur-lex.europa.eu