Responsibility of Discounters When Accepting WEEE in Germany

Deutsche Umwelthilfe (DUH) forces Lidl to dutifully take back electronic waste

ASK-EU, DUH, Various Sources

In line with the product responsibility requirements of the German Circular Economy Act, the German ElektroG stipulates that
(1) distributors with a sales area for electrical and electronic equipment of at least 400 square meters and distributors of food with a total sales area of at least 800 square meters who offer electrical and electronic equipment several times a calendar year or permanently must take back waste equipment < 25 centimeters free of charge in the retail store or in the immediate vicinity.

The space requirements are likely to apply to most discount stores and hardware stores. Smaller old appliances under 25 cm (vapes, toasters or electric toothbrushes) can therefore be handed in there by the public. The stores only have to take back larger old appliances free of charge when a corresponding new appliance is purchased.

The legal representatives of Lidl, one of the major brand discounters, wanted to overturn the legal obligation for food retailers to take back electronic waste and took legal action against this.

The Koblenz Higher Regional Court (OLG) has now ruled that Lidl must take back used small electrical appliances free of charge (Ref. 9 U 1090/24). The statutory obligation to take back electronic waste from retailers is constitutional.
The general take-back obligation for old electrical appliances by food retailers that sell electrical appliances like Lidl also remains in place.

The legislator may oblige large retailers with a sales area of at least 800 square meters to take back waste electrical and electronic equipment, as they are regularly visited by consumers and therefore play a central role in the collection of waste electrical and electronic equipment.

As Germany currently falls well short of the EU targets for the collection of e-waste, supermarkets such as Lidl must also take their share of responsibility for the environment and consumers.

Note: In 2023, the collection rate in Germany is only 29.5% instead of the mandated 65%.
The EU has already initiated infringement proceedings against Germany for non-compliance.