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On 21 October 2020, the Court of Justice of the European Union (CJEU) handed down a preliminary ruling on the notion of ‘State resources’ regarding the French increased responsibility scheme for producers of waste from textile products, household linen and footwear products (TLC products). The CJEU ruled that a system set up by the State whereby producers of TLC products pay financial contributions to an eco-body which then enters into an agreement with sorting operators and provide them financial support for the recycling and treatment operations of the waste, may not constitute an intervention through State resources. This ruling emphasizes that the notion of ‘public control’ lies in the details: a range of circumstantial evidences is required to determine the extent of the public oversight over the funds channelled between private operators.

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Environmental Protection: Contributions Channeled by Eco-Body Should not Involve the Transfer of State Resources · Case C-556/19 ECO TLC · Annotation by Sylvain Petit Annotation on the Judgment of the Court of Justice of the European Union (First Chamber) of 21 October 2020 in Case C-556/19 ECO TLC contre Ministre d’État, ministre de la Transition écologique et solidaire, Ministre de l’Économie et des Finances