This week, the Court of Justice ruled in Case C-543/21, Verband Sozialer Wettbewerb (Returnable containers), in a case referred to it by the Federal Court of Justice in Germany, that the advertised selling price of goods does not have to include the deposit charge.
In other words, it is compatible with EU law for deposit charges for returnable containers to be added at the point of purchase.
Better known as ‘pant’ charges in Denmark/Norway/Sweden, who attempt varying approaches, the judgments means continued flexibility of EU/EEA states to determine their own form of whether such charges are included in advertised prices or not. No charges will be necessary to national legislation.
The Court relied on an average consumer test. They state that such consumers are ‘reasonably well informed and reasonably observant and circumspect is able to add together the price of the product and the amount of the deposit in order to determine the total amount he or she is required to pay on the date of purchase’.
The judgment of the Court of Justice (Third Chamber) (Court of Justice of the European Union) in Case C-543/21, Verband Sozialer Wettbewerb (Returnable containers) can be accessed via the following link: https://lnkd.in/e33-kiUN
Graham Butler