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Tuesday, July 22, 2025European Commission

The European Commission brings the Triman case before the CJEU

La Commission européenne porte l'affaire Triman devant la CJUE

On July 17, 2025, the European Commission announced that it had referred France to the Court of Justice of the European Union regarding its labelling requirements for waste sorting. Reasons: the obligation to affix the Triman logo is disproportionate and represents obstacles to free movement of goods.

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The dispute between France and the European Commission is not new, since in 2023, the European Commission had already opened an infringement procedure by sending a letter of formal notice to France for failure to address its labelling requirements concerning waste sorting instructions.
But today, the Commission considers that France has failed to address the incompatibility of its labelling requirements with the Treaty on the Functioning of the European Union.

Obstacles to free movement of goods
In its press release, it explains that National rules that lay down requirements - such as those relating labelling - to be met by goods coming from other Member States where they are lawfully manufactured and marketed, represent obstacles to free movement of goods.
In absence of EU harmonised rules concerning waste sorting instructions to consumers, national-specific labelling requirements as stipulated in the French legislation (Triman logo and info-tri information) oblige operators to adjust their products only for the French market.

Disproportionate requirement
The Commission adds that the French requirements can be considered disproportionate, “as other suitable options - less restrictive of trade between Member States - are available to inform consumers,” until the EU-level harmonisation is achieved.
It also points out …

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