RE: RNS30 Mar 2021 11:35
This is an enormously helpful report although I am not sure it has a DIRECT impact on the EU litigation. There has been some scepticism on this board about the merits of taking such action. However, I don’t think SYM did it primarily for damages. I think it was for two reasons. Firstly, from a marketing perspective it is deeply unhelpful to have the EU banning oxo bio-degradable - competitors can weaponise that fact and many customers will not have the appetite/skills to think about it further. Secondly, where the same batch of plastic is being manufactured by the same customer for use both in the EU and in a country that allows/requires oxo biodegradable there is an obvious conflict. That is unlikely to be resolved in SYM’s favour.
The claim, as I understand it, is that the EU did (PAST tense) not follow its own procedures in arriving at an oxo-biodegradable ban. So in that sense this report does not help from an evidence point of view. What it makes much less likely is, if SYM wins the case, the EU going back fixing its procedures (abetted by the bio plastics industry) and going for a ban again. It also MAY reduce the EU’s appetite to fight the case (but they will want to resist damages for past harm). It is also very helpful that this study is by a FRENCH institute (I am not sure how apolitical the EU judges would be given rather fraught EU/UK relations).
It is worth remembering that SYM’s commercial director is a very experienced former barrister so SYM are much better placed than most to internally evaluate the success of the case. However, I see it as more a defensive move than one going for damages. (Although if SYM wins they should get something).