The city of Tübingen has received a sensitive damper in court with its packaging tax: The Administrative Court of Baden-Württemberg declared the tax to be ineffective on Wednesday.
The lawsuit brought by the owner of a Tübingen McDonalds branch was successful, as a spokesman in Mannheim announced.
However, the city would like to continue to adhere to the regulation - at least until the written justification is available.
According to the court, this should be the case in April.
The judges' verdict came after the court hearing on Tuesday.
An appeal to the Federal Administrative Court was allowed.
Tübingen's Lord Mayor Boris Palmer regretted the decision.
It has been shown that the tax works in practice.
Multi-way concepts are spreading everywhere in Tübingen, the city is becoming cleaner, the vast majority of people are satisfied, the Greens politician said on Wednesday.
The verdict is therefore a disappointment.
Palmer explained that the city council should decide whether the city should accept the verdict or appeal to the Federal Administrative Court.
The packaging tax will not be overridden before the ruling becomes final, Palmer said.
If the city goes into revision, the regulation will continue to apply until a decision is made by the Federal Administrative Court.
Up to 1.50 euros per single meal for companies
In the university town, around 50 cents have been due since January for each disposable beverage container and for disposable tableware and food packaging, as well as 20 cents for each disposable cutlery set.
A maximum of 1.50 euros will be charged per single meal.
The taxes must be paid by the points of sale that sell food and drinks in the disposable packaging for immediate consumption or to take away.
Around 440 companies are taking part.
In her lawsuit, the owner of the Tübingen McDonalds branch complained that the tax contradicted federal waste law.
She argued that she was already paying royalties for her participation in the dual system.
The packaging tax leads to an additional, significant burden.
McDonalds supported the lawsuit brought by the Tübingen branch.
The company had previously announced that a nationwide framework was needed in this regard.
Local special paths of individual cities or communities stand in the way of a nationally successful and implementable concept.
According to the city, the packaging tax has already reduced the amount of waste in Tübingen by several tons.
A month after the introduction of the new tax, the city reported a drop in waste in the Tübingen city area by 5 to 15 percent compared to the same period last year.
In January 2022, only around 31 tons of waste were disposed of - compared to 34 tons in January 2020. According to the city, only around 24 tons of waste were produced in January 2021 due to the pandemic.Keywords: