8 February 2024
In its decision of 9 January 2023, the Federal Administrative Court (case reference: 10 AV 1.23) ruled that the Osnabrück Administrative Court alone is responsible for actions against decisions by the Central Agency Packaging Register (ZSVR). According to the Packaging Act, the ZVSR is, for example, the central body responsible for the registration of producers of packaging subject to system participation (Sec: 26 VerpackG).
The ZVSR has always stated that the Osnabrück Administrative Court has jurisdiction in the legal notices accompanying its decisions. The Osnabrück Administrative Court then declared that it did not have jurisdiction and referred the actions against the ZSVR to the administrative courts that had jurisdiction at the plaintiffs' domicile. As a result, decisions on the activities of the ZVSR were made by different administrative courts at first and second instance. The Federal Administrative Court has now confirmed that all packaging law actions against ZVSR decisions must be decided at first instance by the Osnabrück Administrative Court with jurisdiction at the defendant ZVSR's registered office. This creates legal clarity for the plaintiffs and the ZVSR and promotes the technical specialisation of the Administrative Court of Osnabrück in packaging law and thus the quality of the case law.
The background to this is that the Administrative Court Code only permits legal action against public authorities to be brought at the place where the authority is based. However, the ZVSR is organised as a foundation under private law. The Federal Administrative Court has now confirmed that, despite its form of organisation under private law, the place of jurisdiction and competence of the court in administrative proceedings is governed by the regulations for public authorities. To justify this, it points out that the ZVSR is comprehensively "integrated" into the federal administration in packaging law and that the decisions in packaging law are concentrated with it.
If you have any questions on packaging law, the packaging register or circular economy law or waste law, we will be happy to answer them.