In March 2025, Cosmetics Europe, along with EFPIA (European Federation of Pharmaceutical Industries and Associations), filed an appeal with the EU Court regarding the revision of the Urban Waste Water Treatment Directive, challenging the application of the polluter pays principle to the pharmaceutical and cosmetics industries alone. The Court has just ruled that this action is inadmissible.
The recast of Directive (EU) 2024/3019 concerning urban waste water treatment was published by the European Commission on 12 December 2024.
Based on the principle that pharmaceuticals and cosmetic residues currently represent the main sources of micropollutants found in urban wastewater requiring quaternary treatment, and that the potential increase of costs of products or the potential reduction of the profit margins of the industries placing products on the Union market due to the application of extended producer responsibility would be marginal, The European Commission has therefore decided in favour of an EPR system for these two sectors.
And it is against this principle that Cosmetics Europe wanted to take action, calling for the repeal of the articles introducing the EPR regime for cosmetic products.
The Court’s Order
In its Order of February 18, 2026, the Court first emphasizes that it may give a decision on inadmissibility without going to the substance of the case.
It also recalls the cases in which a natural or legal person is recognized as having standing to bring an action against an act of which it is not the addressee: in particular, the act must concern it directly and individually.
But it turns …
