The Administrative Court of Baden-Württemberg has declared the Tübingen packaging tax to be ineffective. He thus agreed with the lawsuit filed by a tenant of a Tübingen McDonald’s branch.
The Tübingen packaging tax is illegal. The Administrative Court of Baden-Württemberg decided on Wednesday. The Mannheim judges thus upheld the lawsuit filed by a Tübingen tenant of the fast-food chain McDonald’s. She was of the opinion that the consumption tax on one-way packaging in Tübingen violated federal waste legislation. A reason for the judgment is not yet available. However, the Tübingen city administration can appeal against the judgment at the Federal Administrative Court.
For Mayor Palmer it is clear: The Tübingen municipal council must now decide whether to appeal the verdict.
dpa picture radio
Tatjana Bojic
Palmer: Verdict is a disappointment
The mayor of Tübingen, Boris Palmer (Greens), regretted the decision. The tax worked in practice.
“Reusables are spreading everywhere in Tübingen, the city is becoming cleaner, the vast majority of people are satisfied. Nationwide it is exactly the opposite: reusables are being pushed out, the throwaway culture is catching on. The verdict is therefore a disappointment.”
Tübingen will of course respect the decision of the Administrative Court, said Palmer. However, he criticized that it would be a problem for environmental and climate protection, but also for the community as a whole, if new paths were built and good solutions were banned. The McDonald’s tenant declined to comment on the verdict.
The franchisee of the Tübingen McDonald’s branch at the trial before the Administrative Court.
dpa picture radio
Uwe Anspach
Packaging tax continues to apply for the time being
The council must now decide whether to appeal the verdict. According to Palmer, there is much to suggest that the fundamental questions would have to be finally clarified. The judgment does not invalidate the packaging tax in Tübingen. If the municipal council accepts the verdict, it is overturned. If the city goes into revision, it continues to apply until a decision is made by the Federal Administrative Court.
The packaging tax in Tübingen continues to apply after the judgment of the Administrative Court.
SWR
Stephanie Assenheimer
The aim of the Tübingen packaging tax: Less waste
Since January 2022, Tübingen has been levying a tax on all disposable packaging, regardless of whether it is made of plastic, cardboard or aluminium. However, only if the food or drink is intended for direct consumption. For example, 50 cents are due for plates and cups, and 20 cents for cutlery. It is a maximum of 1.50 euros per dish. The tax is intended to encourage companies to offer reusable tableware so that the mountains of rubbish are smaller and the disposal costs for the city are lower. According to the city administration in Tübingen, after the tax was introduced, less rubbish had to be collected. According to the city administration, however, criticism comes from some companies: Due to the more frequently used reusable tableware, the catering trade has additional work to take back and clean the bowls and plates. Informing customers is also time-consuming.