On 10 November 2023 (n° 449213), on a challenge brought by EcoDDS, the Conseil d'État annulled decree 2020-1455 insofar as it introduced article R. 541-174 into the Environmental Code. Conseil d'État That article let any producer, in France, the EU or elsewhere, appoint a representative established in France who was "subrogated" in all the EPR obligations it accepted. The court held that neither article L. 541-10 nor any other statute provided for such a subrogation, so a decree could not create it. Sources (2)Conseil d'ÉtatConseil d'État — Décision n° 449213, 10 novembre 2023
LégifranceLégifrance — Article L541-10, Code de l'environnementSources (4)Conseil d'ÉtatConseil d'État — Décision n° 449213, 10 novembre 2023LégifranceLégifrance — article L. 541-10-9-1 of the Environmental Code (full text)LégifranceLégifrance — Article L541-10, Code de l'environnement
Ministère de l'ÉcologieMinistère de l'Écologie — FAQ places de marché, article L. 541-10-9 (version du 1er août 2022) EcoDDS
What the court said, and what it did not
- Annulled: article R. 541-174 as a whole, the general power to appoint a subrogated representative. Conseil d'État
- Recalled: the EU Waste Framework Directive (article 8a(5)) requires member states to allow producers established in another member state to appoint a representative. Conseil d'État
- Rejected: EcoDDS's other complaints against the 2020 EPR reform decree. Conseil d'État
What changed in 2026
Law 2026-602 created article L. 541-10-9-1: since 10 July 2026 a producer not established in France must appoint a representative established in France by written mandate. Légifrance The duty now rests on a statute, which is the level of norm the court said was missing. Producers established in France are not covered by that article and keep declaring in their own name. Légifrance
What it means for a mandate
- Use a written mandate that names the streams covered.
- Check the representative is established in France.
- Keep proof of membership and your IDUs: marketplaces and the authorities ask for them. Ministère de l'Écologie
Price
Our fee. Standard is €190 a year per eligible stream, Plus is €990 a year for up to three streams in one mandate, with a median saving of €1,071 a year in eco-contributions across our published clothing, footwear, electronics and furniture examples. Setup is €0, and eco-contributions are paid at the eco-organisme's published rate with 0% markup. See pricing.
Frequently asked questions
Was EcoDDS's whole challenge successful?
No. Only the article on representatives was annulled; the rest of the request was rejected.
Does the ruling stop foreign companies using a representative?
No. Since 10 July 2026 French law requires producers not established in France to appoint one. Légifrance
Razvan Toma is the founder of EPR France Rep, a France-established authorised representative (mandataire) for producers with no French establishment. He has worked in waste management and recycling since 2009, running waste-separation programmes inside large B2B organisations in France for clients including Chanel, Microsoft, Decathlon, Pirelli, IKEA, Vinci, Capgemini and E.Leclerc.
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