We would like to inform you of an important development regarding the long-running concerns surrounding the French TRIMAN marking requirements.

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On 11 May 2026, the Official Journal of the European Union published the formal action brought by the European Commission against France before the Court of Justice of the European Union (Attached Case C-249/26). The action was officially lodged on 26 March 2026 following the Commission’s August 2025 decision to refer France to the Court.

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In its application, the Commission asks the Court to find that France has failed to fulfil its obligations under EU law by imposing mandatory TRIMAN logo and sorting instruction requirements on household products subject to Extended Producer Responsibility (EPR) schemes.
More specifically, the Commission argues that:

• the French requirements constitute a restriction on the free movement of goods contrary to Article 34 TFEU; and
• France failed to comply with notification obligations under Directive (EU) 2015/1535 prior to adopting the measure.

This publication is not yet the judgment itself, but rather the formal notification that the judicial proceedings before the Court have officially begun. The case will now move into the written and oral procedure phases before a final judgment is eventually delivered, likely over the coming years.
FESI welcomes this important step toward greater legal clarity and harmonization within the EU Single Market.
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Over the past years, FESI has been extremely active and fully mobilized on this file across all relevant fronts. Our actions have included:

• responding to TRIS notifications;
• filing a formal complaint with the European Commission;
• joining and coordinating industry coalitions;
• organizing numerous policy and political meetings with Commission policy officers and high-level representatives;
• continuously engaging with EU institutions and national authorities; and
• tirelessly advocating for a more harmonized and proportionate EU framework that safeguards both environmental objectives and the proper functioning of the Single Market.

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FESI has consistently supported the objective of providing consumers with clear environmental information while stressing that fragmented national labelling requirements create unnecessary complexity, legal uncertainty, operational burdens, and barriers to trade for companies operating across Europe.
We will continue to closely monitor the judicial proceedings and broader links with PPWR, EPR obligations, and harmonized consumer information requirements, and we will keep members informed of any significant developments