Swiss court suspends Geneva plan to ban single-use plastics

Volunteers collect plastic and other rubbish on the shores of Lake Geneva in 2018. Keystone / Jean-Christophe Bott

A Geneva court has suspended a ban on the sale and distribution of single-use plastics in the city, which was due to be introduced on January 1. This follows an appeal by Swiss retailers to the Federal Court.

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From January 1, a new law was due to come into force in Geneva that included a ban on distributing disposable plastics in restaurants and takeaway outlets, as well as in the food sections of supermarkets.

But Swiss retailers Migros Geneva, Coop, Denner, Manor and Migrolino filed a joint appeal with the Federal Court two years ago, claiming that the ban infringes their economic freedom. They argue that the sector has already made sufficient efforts to reduce the utilisation of single-use plastic.

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Another part of the law – the requirement for recyclers to incinerate in canton Geneva – is the subject of an appeal filed by the recycler Helvetia Environnement, which also believes that the limited choice of incineration sites could hinder its economic freedom.

The Constitutional Chamber of the Geneva Court of Justice decided at the beginning of December to therefore suspend the law’s application, the Geneva daily Le CourrierExternal link reported on Monday .

This suspension appears to suit the Geneva government, which has also filed an appeal against the law, more specifically against its final version, in which several provisions were invalidated by the Federal Council. The federal government believes that Geneva’s waste management plan does not comply with the “polluter pays principle”.

The entry into force of the new waste law had already been postponed last year. The Geneva government is keen to maintain the suspension, while awaiting the Federal Court’s decision on the various appeals.

Depending on what the Federal Court decides, the final version of the text may have to be reduced further.

“We will have to live with it,” acknowledged Geneva minister Antonio Hodgers. But everything else will come into force and will make Geneva an “innovative” canton in this area, notably by being the first to ban disposable plastics, he added.

Adapted from French by DeepL/sb

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