Green Dot loses at ECJ / Grüner Punkt verliert beim EuGH
am 28.05.2007 von http://transblawg.eu
Green Dot masquerading as blue.
Der Grüne Punkt
IPKAT reports a decision by the Court of First Instance of the European Communities. It held that the Green Dot - Duales System Deutschland - acted abusively when it collected a blanket fee for all packaging marked with a green dot, when some of that packaging was either not collected for recycling, or collected for recycling by other organizations.
The case is T 151/01.
Decision EN
Decision DE
Decision EN and DE
Press release EN
According to the Commission's Article 82 decision, DSD abused its dominant position within the meaning of Article 82 of the EC Treaty when it claimed the full fee for use of its Green Dot trademark in situations where it provides no service because the collection and recycling is carried out by competitors. The underlying principle followed by the Commission is “no service, no fee”.
In the Commission’s view, the licence fee requirement means that customers have no realistic economic possibility of contracting with competitors of DSD. Whilst paying for the service provided …
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