The city of Tübingen does not want to accept the judgment of the Administrative Court (VGH) on the packaging tax and is appealing against it.

The municipal council decided on Thursday evening and thus followed the recommendation of the administration.

The Federal Administrative Court in Leipzig is responsible for the next instance.

According to a city spokeswoman, there were 25 votes in favour, 11 members voted no, and there were no abstentions.

The packaging tax is a flagship project by Lord Mayor Boris Palmer, who is running as an independent candidate in the next mayoral elections in autumn due to an internal party dispute among the Greens.

He avoided being kicked out of the party last weekend, but he has to rest his membership until the end of 2023.

So the compromise with his party.

The city of Tübingen received a damper with its packaging tax at the end of March: the VGH declared that the tax violated federal waste law.

"The deviating view of the city of Tübingen would open the door to the introduction of all possible consumption taxes by the municipalities.

This is ruled out by the Basic Law," wrote the VGH in its verdict.

The lawsuit brought by the owner of a Tübingen McDonalds branch was successful.

The franchisee of the fast-food restaurant had filed a lawsuit against the packaging tax in order to have the statutes declared invalid.

She referred to a ruling by the Federal Constitutional Court in 1998, according to which the packaging tax on disposable packaging introduced by the city of Kassel in 1991 violated the federal waste law in force at the time.

Since January, a tax on disposable packaging has been due in the university town, which, according to Palmer, produces huge mountains of garbage.

A maximum of 1.50 euros is charged per single meal.

According to Palmer, reusable crockery is much more common in the cityscape and the public rubbish bins, especially in the city center, are visibly emptier.

In the event of failure, the costs of the revision are expected to be around 32,000 euros, of which around 20,000 euros for the commissioned law firm, around 5000 euros in court costs and around 7000 euros reimbursement for the opposing lawyers.