European Commission refers France to the Court of Justice over waste labeling rules

On 17 July 2025, the European Commission decided to refer France to the Court of Justice of the European Union for failing to address the incompatibility of its waste labeling rules with Articles 34–36 of the Treaty on the Functioning of the European Union (TFEU). According to the Commission, these French provisions hinder the free movement of goods within the EU single market.

In France, products intended for end consumers, subject to Extended Producer Responsibility (EPR), must be labeled with the “Triman” logo and specific disposal information, known as “infotri.” However, the Commission considers that such national requirements create obstacles to intra-EU trade, as they impose additional burdens on producers from other Member States, who must adapt their products solely for the French market.

Furthermore, the Commission highlights that French rules may be disproportionate, as there are less restrictive alternatives to inform consumers, pending future EU-wide harmonization. Such harmonization is expected under the new Packaging Waste Regulation, which will establish common rules through delegated acts.

The Commission had already sent a letter of formal notice to France in February 2023 and a reasoned opinion in November 2024. Since France did not take the necessary measures to comply with EU rules, the Commission decided to refer the case to the Court of Justice of the European Union.

Moreover, the Commission points out that France failed to comply with notification obligations under the Single Market Transparency Directive (Directive (EU) 2015/1535), as the measures in question were not notified to the Commission in draft form before adoption.