French Court revokes restrictions on the Green Dot symbol

GREEN DOT SYMBOL - FRANCE

Date of publication: 30/06/2023

On June 30, 2023, the French Supreme Administrative Court has declared the decree issued by the French Environment Ministry regarding the Green Dot trademark to be null and void.

After two years of court proceedings, on 30 June 2023 the French Supreme Administrative Court (the Conseil d’État) announced its decision to revoke legislation that penalized the use of the “Green Dot” symbol in France.

The Court ruled against a 2020 decree issued by the French Ministry of Environment, which aimed to eliminate the Green Dot symbol from all packaged goods sold in France and establish penalties for non-compliance.

Specifically, the French Environmental Code stated that packaging placed on the French market would be required a double fee if it contained symbols that could confuse consumers regarding waste separation. The French Environment Ministry subsequently issued a decree declaring the Green Dot trademark as one such confusing symbol, despite its longstanding international recognition as a symbol for packaging recycling systems.

This decision therefore ensures that the use of the Green Dot symbol will remain voluntary in France and will not incur a penalty payment.

The Court’s decision was mainly based on the failure of France to notify the European Commission of the measure during its drafting, as required under EU Directive (EU) 2015/1535.

References:

Conseil d’État N° 449872, 30 June 2023

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