Germany Packaging EPR Ruling Covers Durable Carrier Bags

Germany's Federal Administrative Court has confirmed that durable carrier bags offered to customers for transporting purchases remain subject to packaging EPR system participation. The judgment, issued on 23 July 2026, matters to retailers, packaging suppliers, importers and brands using reusable bags across German consumer-facing operations.

Packaging EPR Duties Apply Despite Durability

The case concerned a 35-litre bag made from recycled PET with woven polypropylene handles and a 20-kilogram load capacity. The retailer argued that the bag was a standalone, multipurpose product rather than packaging.

The court rejected that argument. It held that carrier bags designed and intended to help consumers transport purchased goods are packaging subject to Germany's dual system, regardless of their material, durability or possible secondary use. The judgment confirms the existing obligation rather than creating a new transition period.

Retailers Should Reassess Reusable Packaging Classifications

The decision has implications beyond supermarkets. Fashion, homeware, electronics, beauty and other retailers may offer durable bags at tills or as part of fulfilment. A reusable design, a customer charge or a claim that the bag has other uses does not automatically remove packaging obligations.

Businesses should review how carrier bags are classified, registered and reported under the Verpackungsgesetz. They should also confirm that relevant volumes are licensed through a dual system and that supplier contracts allocate data and financing responsibilities clearly. Historical reporting may need review where durable bags were treated as products rather than packaging.