I am very please to share a significant and hard-earned development in our ongoing fight to protect the integrity of the Single Market:

Today, the European Commission announced its decision to refer France to the Court of Justice of the European Union for its national labelling requirements under the TRIMAN decree. This referral comes after France failed to address the incompatibility of its rules with EU Single Market law, specifically Articles 34–36 of the Treaty on the Functioning of the European Union (TFEU). Read the official press release

Under the French legislation, household products falling under Extended Producer Responsibility (EPR) must be physically labelled with the Triman logo and the Infotri sorting instructions. These national-specific requirements apply regardless of whether a product is already lawfully marketed in another EU Member State, thereby violating the free movement of goods and creating barriers to intra-EU trade—a direct breach of Article 34 TFEU.

The Commission also considers the French requirements disproportionate, especially given that less trade-restrictive alternatives exist, including digital solutions. Furthermore, the rules were never notified under the Single Market Transparency Directive (Directive (EU) 2015/1535), representing an additional breach of EU law.

This development is directly aligned with the Commission’s broader strategy to defend the Single Market, as outlined in the recent Communication COM(2025)500: “The Single Market: our European home market in an uncertain world.”

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As many of you know, FESI has been at the forefront of this file from the beginning, and this referral is the result of relentless and coordinated advocacy, including:

• A detailed TRIS notification response
• A formal complaint for internal market infringement
• Multiple high-level outreach meetings with the European Commission
• Several joint industry letters, press statements, and coordinated advocacy efforts
• A coalition effort backed by key associations to challenge the French measures

This decision from the Commission validates our legal arguments and coordinated actions and sends a strong message against fragmented national measures that harm the Single Market.

What’s next?

We will closely monitor the proceedings before the Court of Justice and will remain in active dialogue with the Commission and Member States to ensure:

• Effective implementation of harmonised EU rules under the upcoming Packaging and Packaging Waste Regulation (PPWR) and its implementing acts
• A transition towards digital and less burdensome labelling solutions
• Stronger enforcement against future breaches of EU law by any Member State

We also hope this case sets a precedent and serves as a clear example to other countries considering unilateral labelling initiatives. Harmonisation must remain the rule, not the exception.