Following the entry into force at national level of the guarantee-return system (SGR) on November 30, 2023, which imposes on producers and retailers the obligation to use, respectively to commercialize, only returnable packaging for some categories of products, including alcoholic beverages, the wine and spirits producers in Romania have taken a stance against the rapid implementation without an appropriate transition period of Government Decision no. 1074/2021 regarding the guarantee-return system for non-reusable primary packaging („H.G. No. 1074/2021”"), which takes into account the specifics of the industry.

Therefore, in the proceedings contesting this normative act, in addition to the administrative litigation, the filing of requests for suspension before the competent courts was also included, whereby the interested parties requested, among other things, the temporization of the effects of the relevant provisions of this normative act.

The main criticism made regarding H.G. No. 1074/2021 was the lack of a realistic transition period for the further (and after 30 June 2024) utilization of the stocks of existing wine-producing companies as of 30 November 2023 (i.e., (date of entry into force of the SGR), without using SGR-specific packaging, a situation that would cause major disruptions in the industry, especially in the wine sector. In other words, the wine industry was significantly affected, given the different life cycle and rotation of the specific products compared to other beverages, such as „ready to drink”, wine producers having significant stocks whose commercialization has thus been limited.

Adesman & Asociații recently obtained, for Recaș Vineyards, A new victory, this time before the Timișoara Court of Appeal, regarding the implementation of H.G. No. 1074/2021, managing to suspend the effects of Article 10, paragraphs (5) and (6) of this normative act, provisions that, when combined, regulate precisely the prohibition of marketing products packaged in non-returnable packaging after June 30, 2024. The court of law therefore ordered, through an enforceable decision, the immediate suspension of these legal provisions pending the pronouncement of the final judgment.

Timișoara Court of Appeal he took into account the solid arguments presented by the team of lawyers at Adesman & Associatesand, under the coordination Dianei Adesman (Managing Partner) and his Ciprian Nicu (Partner) and thus decided, in favor of Cramers Recaș, the temporary suspension of the effects of H.G. No. 1074/2021 regarding the prohibition on the marketing of products packaged in non-returnable packaging and subsequently until June 30, 2024. This decision comes to confirm once again the court’s deep understanding of the negative impact of H.G. No. 1074/2021 on the Romanian wine industry regarding the prohibition on the marketing of existing stocks at the time the SGR came into effect and the problems that this generates in practice for wine producers.