Adesman & Asociații obtains, for Cramele Recaș, an enforceable ruling concerning the implementation of Government Decision no. 1074/2021 on the deposit-return system for non-reusable primary packaging
Adesman & Asociații recently obtained a new victory for Cramele Recaș.
The Timișoara Court of Appeal took into account the solid arguments presented by the team of lawyers at Adesman & Asociații, coordinated by Diana Adesman (Managing Partner) and Ciprian Nicu (Partner), and thus ruled in favour of Cramele Recaș.
Following the nationwide entry into force of the deposit-return system (SGR) on 30 November 2023, which requires producers and retailers to use and to sell, respectively, only returnable packaging for certain categories of products, including alcoholic beverages, Romanian wine and spirits producers took a stand against the rapid implementation, without an adequate transition period, of Government Decision no. 1074/2021 on the deposit-return system for non-reusable primary packaging (“H.G. no. 1074/2021”), which should take account of the specific features of the industry.
Accordingly, as part of the steps taken to challenge this regulatory act, in addition to the action brought before the administrative courts, applications for suspension were filed before the competent courts, whereby the interested parties sought, among other things, the deferral of the effects of the relevant provisions of this act.
The main criticism levelled at H.G. no. 1074/2021 was the lack of a realistic transition period for the continued sale (including after 30 June 2024) of the stocks held by wine-producing companies on 30 November 2023 (i.e., the date on which the SGR entered into force), without using SGR-specific packaging, a situation liable to cause major disruption in the industry, especially in the wine sector. In other words, the wine industry was significantly affected, given the different life cycle and turnover of its products compared with other beverages, such as “ready to drink”, as wine producers held significant stocks whose sale was thus restricted.
Adesman & Asociații recently obtained, for Cramele Recaș, another victory, this time before the Timișoara Court of Appeal, concerning the implementation of H.G. no. 1074/2021, obtaining the suspension of the effects of Article 10(5) and (6) of that act, provisions which, read together, govern precisely the prohibition on marketing products in non-returnable packaging after 30 June 2024. The court therefore ordered, by an enforceable judgment, and thus with immediate effect, the suspension of those provisions pending the ruling of the court of first instance.
Timișoara Court of Appeal took into account the solid arguments presented by the team of lawyers at Adesman & Asociații, under the coordination of Diana Adesman (Managing Partner) and Ciprian Nicu (Partner) and thus ordered, in favour of Cramele Recaș, the temporary suspension of the effects of H.G. no. 1074/2021 as regards the prohibition on marketing products in non-returnable packaging after 30 June 2024 as well. This judgment confirms, once again, the court’s thorough understanding of the negative impact of H.G. no. 1074/2021 on the Romanian wine industry as regards the prohibition on selling stocks existing when the SGR entered into force, and of the problems this causes wine producers in practice.
