Government may have to change troubled Re-turn scheme following EU legality challenge, top lawyer says

Government may have to change troubled Re-turn scheme following EU legality challenge, top lawyer says

Government may have to change troubled Re-turn scheme following EU legality challenge, top lawyer says

  • May 24th, 2024
  • Jason O'Sullivan

The Government could be forced to make changes to its embattled deposit return scheme after a complaint was lodged with the European Commission alleging that it breaches EU competition law, according to a top legal expert.

In a complaint to the Directorate-General for Competition, the Irish Petrol Retailers Association (IPRA) has claimed that the Re-turn scheme is anti-competitive and prevents the free movement of goods within the European Union.

The IPRA’s complaint has merit and could result in the Government having to amend the legislation underpinning the scheme, according to Jason O’Sullivan, a solicitor who was named Lawyer of the Year in 2023.

“The complaint… does have merit and raises legitimate questions on the issue of whether the deposit return scheme is anti-competitive and results in a restriction on the free movement of goods as prohibited under EU competition law,” he told the Irish Mirror.