The German Packaging Act (VerpackungsG), which entered into force on 1 January 2019, applies to all companies (distributors, including online retailers) who put packaging into commercial circulation on the German market for the first time and which ends up as packaging waste with the consumers.
The German Packaging Act provides for a tendering procedure for this packaging, although no public authorities are involved. If an unsuccessful bidder wishes to challenge a decision, it can initiate a DIS arbitration proceeding. The German Packaging Act provides for an expedited DIS arbitration proceeding for primary legal protection under public procurement law.
Important information on how to file an application to commence a DIS arbitration pursuant to the German Packaging Act can be found in the Practice Notes (in German).