The EU General Court rules on exclusivity provisions in the context of packaging waste management scheme (Altstoff Recycling Austria)

On 22 March 2011, the General Court dismissed an appeal lodged in 2003 against a European Commission decision of that year which exempted under Article 101(3) TFEU (ex-Article 81 EC), subject to conditions, a packaging waste management scheme in Austria. This appeal was brought by Altstoff Recycling Austria (“ARA”), which operates a nation-wide packaging waste management scheme in Austria, and ARGEV, one of its sectoral partners which specialises in the management of light packaging waste and metal packaging waste. It appears that ARA and its sectoral partners entered into agreements with regional partners appointing the latter to collect and recycle packaging waste for a period between 3 and 5 years. Moreover,

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  • Van Bael & Bellis (Brussels)

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Andrzej Kmiecik, The EU General Court rules on exclusivity provisions in the context of packaging waste management scheme (Altstoff Recycling Austria), 22 March 2011, e-Competitions Bulletin March 2011, Art. N° 41232

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