Question

The ECJ was concerned by the fact that non-German producers used more non-recyclable packaging than German ones and so were more affected. The ECJ had to consider whether the environmental benefits outweighed their negative impact. In order for such a national rule to comply with the principle of proportionality, they had to allow producers and distributors an opportunity to adapt their production methods to the requirements of the new system (reasonable transitional period). The MS must ensure that by the time the new system takes effect, every producer or distributor can actually participate in the system. The ECJ was prepared to accept the rules, even though they probably impacted more on importers, as they did serve an important environmental goal and in line with the principal of proportionality had given a reasonable transitional period.

In the case mentioned where the ECJ had to consider the balance between environmental benefits and negative impacts on non-German producers, what were the key factors and principles the ECJ considered in determining the compliance of the national rule with the principle of proportionality?

Answer 1

The ECJ considered the balance between environmental benefits and negative impacts, the reasonable transitional period, the ability of all producers to participate, the importance of the environmental goal, and the impact on importers in determining the compliance of the national rule with the principle of proportionality.

Step-by-step explanation:

The key factors and principles that the ECJ considered in determining the compliance of the national rule with the principle of proportionality were:

1. The balance between environmental benefits and negative impacts on non-German producers;
2. The reasonable transitional period given to producers and distributors to adapt their production methods;
3. The ability for every producer or distributor to participate in the new system by the time it takes effect;
4. The importance of the environmental goal served by the rules;
5. The impact on importers, even if it was greater, as long as it was in line with the principle of proportionality.