Commission refers France to the Court of Justice over Triman logo

The European Commission has referred France to the Court of Justice of the European Union due to its labelling requirements for products under the Extended Producer Responsibility (EPR) scheme, which mandate the use of the “Triman logo” and accompanying “Infotri” waste sorting instructions. 

According to the Commission, these national labelling obligations are incompatible with Articles 34 to 36 of the Treaty on the Functioning of the European Union (TFEU), which protect the free movement of goods within the internal market. The French provisions require producers from other Member States to adapt their products specifically for the French market – a requirement the Commission considers a disproportionate restriction. 

In the absence of harmonised EU rules on consumer waste sorting instructions, national labelling requirements must, in the Commission’s view, remain proportionate and must not discriminate against economic operators from other Member States. The Commission also points to alternative, less trade-restrictive ways of informing consumers, which could be used until harmonisation is achieved at EU level. 

The Commission also criticises France for failing to comply with its obligations under the Single Market Transparency Directive (Directive (EU) 2015/1535), as the measure in question was not notified to the Commission at the draft stage prior to its adoption. 

A letter of formal notice was sent to France in February 2023, followed by a reasoned opinion in November 2024. As France has not taken the necessary steps to bring its legislation into compliance, the Commission has now decided to bring the case before the Court. The objective is to uphold the functioning of the internal market and provide legal clarity regarding EPR-related requirements.