The High Court of Cassation and Justice definitively upholds the legality of the deposit-return system established under Government Decision No. 1074/2021


Bondoc și Asociații successfully represented the administrator of the deposit-return system in administrative litigation seeking the full annulment of Government Decision No. 1074/2021 on the establishment of the deposit-return system for non-reusable primary packaging, a claim brought by a producer subject to the obligations imposed by this normative act.

By its recent ruling, the High Court of Cassation and Justice upheld the decision of the Court of Appeal, which had likewise dismissed the action for annulment of the administrative normative act, thereby definitively confirming the validity of the secondary legislation governing the deposit-return system in Romania.

The case involved a complex array of legal issues essential to the functioning of the deposit-return system in Romania, in line with principles applicable at European level to such systems, including the “polluter pays” principle and the “extended producer responsibility” principle.

This latest success further confirms Bondoc și Asociații’s strong expertise in administrative litigation and its ability to handle sophisticated cases in highly regulated sectors, such as environmental protection. As is often the case in complex matters arising under current legislation, the project was handled by a multidisciplinary team of lawyers, bringing together members of both the dispute resolution department and the regulatory and environmental law practice.

The team advising on the matter on behalf of Bondoc și Asociații included Nicolae Viorel Dinu, Partner, Head of Dispute Resolution and Simona Petrișor, Partner, Head of Regulatory and Environmental Law, supported by Mihai Vlăsceanu, Managing Associate in the Dispute Resolution department and Mădălina Arcana, Senior Associate in the Regulatory and Environmental Law practice.