CJEU Confirms Legality of Slovenia’s EPR Reform Based on a Single Not-for-Profit Organization
Luxembourg, 10 July 2025 – The Court of Justice of the European Union (CJEU) has issued its judgment in the case C‑254/23 INTERZERO, affirming that Slovenia’s national EPR model, which entrusts a single not-for-profit organization with exclusive responsibility for packaging waste management, is compatible with EU law—under certain conditions.
The ruling represents a major development for EPR systems across Europe, especially those that operate on a collective and non-profit basis, and comes in response to legal challenges questioning whether such centralized models restrict market freedoms under the EU Treaties.
Key Legal Findings:
The Court ruled that:
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A Member State may lawfully designate a single not-for-profit entity to carry out EPR obligations as a Service of General Economic Interest (SGEI) under Article 106(2) TFEU, where:
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There is a clearly defined public interest objective, such as environmental protection or public health;
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The obligations are clearly stated in national law and the organization is formally entrusted with its mission;
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The system is non-profit, transparent, and governed by producers.
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Restrictions on market freedoms (Articles 49 and 56 TFEU) are permissible if:
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They serve an overriding public interest,
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They respect the principles of proportionality, legal certainty, and legitimate expectations.
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Single PRO system are lawful under EU law. A national system can:
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Revoke the authorizations of previous operators,
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Require all producers to participate in the same system,
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Impose structural safeguards (e.g., no conflict of interest between the organization and waste treatment operators).
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Implications for EPR in Europe: this judgment provides crucial legal clarity for Member States seeking to design or reform EPR systems in a way that balances environmental effectiveness with legal compliance. It affirms that centralized, producer-led, and not-for-profit systems—often supported by EXPRA members—are valid models within the EU legal framework, provided they include the necessary checks and balances.