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Verdict: Tübingen may levy packaging tax

Verdict: Tübingen may levy packaging tax

How can waste be avoided in public spaces? The city of Tübingen may rely on a packaging tax.

The university town of Tübingen is allowed to levy a packaging tax on disposable cups and food packaging. The Federal Administrative Court in Leipzig decided on Wednesday. This defeated the operator of a McDonald’s branch in Tübingen, which had been supported by the fast-food company against the municipal packaging tax statute. In the lower court at the Administrative Court in Mannheim, McDonald’s had prevailed.

Since the beginning of 2022, 50 cents each for disposable tableware and packaging and 20 cents for disposable cutlery have been due in Tübingen, but no more than 1.50 euros per “single meal”. The sellers of the food and drinks have to pay – according to the city, around 440 companies in Tübingen. Due to the ongoing legal dispute, no taxes have yet been collected. The city’s goal is to use the tax to reduce waste in public spaces.

According to the Federal Administrative Court, Tübingen has the competence to levy such a tax. Take-away meals would “typically” be eaten very soon and thus mostly remain in the municipal area. So it is a local tax. In addition, the statute does not conflict with the federal waste regulations. Both pursued exactly the same goal – namely the avoidance of waste. However, the federal judges declared individual points of the statute to be void, for example because the term “single meal” was too vague.

Source: Stern

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