The EU General Court annuls the Commission’s decision which found that the non-charging of a deposit on certain drinks packaging sold by German border shops to customers resident in Denmark does not constitute State aid (Dansk Erhverv)

The General Court annuls the Commission decision finding that the non-charging of a deposit on certain drinks packaging sold by German border shops to customers resident in Denmark does not constitute State aid* The Commission was not in a position to overcome, at the preliminary stage, all the serious difficulties encountered in determining whether the non-charging of the deposit constitutes State aid The German Federal legislation ‘VerpackV’ [1] transposes Directive 94/62 on packaging and packaging waste. [2] In respect of certain non-reusable drinks packaging, that legislation establishes a deposit scheme, including value added tax (VAT) which must be charged at each distribution level until transfer to the end-consumer and refunded on return of the packaging. Failure to collect

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General Court of the European Union, The EU General Court annuls the Commission’s decision which found that the non-charging of a deposit on certain drinks packaging sold by German border shops to customers resident in Denmark does not constitute State aid (Dansk Erhverv), 9 June 2021, e-Competitions June 2021, Art. N° 101147

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