Compromise bid averts legal action in packaging case

Date: 22/01/1998

Leyla Linton and Peter Chapman
GERMANY this week yet again escaped the threat of legal action for infringing single market legislation as the European Commission delayed a decision on whether to go ahead with a key case.

A special meeting of Commissioners' aides last week ended in defeat for Environment Commissioner Ritt Bjerregard's proposal that the action against Bonn - which centres on a packaging law requiring 72% of drinks sold in Germany to be packed in recyclable materials - should be abandoned.

But the full Commission decided yesterday (21 January) to allow Bjerregard to begin negotiations with Bonn to see whether a compromise could be found in order to avert legal proceedings in the European Court of Justice.

John Robinson, an adviser to the European food and packaging industry, attacked the decision. "This is a typical type of Commission halfway house where it is trying to maintain its credibility as a law enforcer while avoiding assuming responsibility and direct legal confrontation with Germany on what everybody knows is a clear case of trade discrimination," he said.

The Commission decided three years ago that the law was a barrier to trade and could breach the EU principle of free movement of goods, but it took the legal service another 18 months to send a warning letter.

Bjerregard's officials argue that the law is justified on environmental grounds, and the case's slow progress prompted speculation that the Commission was shying away from making a politically sensitive decision in the run-up to German elections.

The Commission also failed to consider another key internal market infringement case last week, despite promising in December that a decision would be taken this month.

EU sources said the ongoing saga concerning France's Loi Evin, which restricts television broadcasts of sports events where alcohol is advertised, would now be dealt with at a March infringement meeting. They said the discussion had been postponed because of staff moves.