Court upholds reusable packaging rules at Munich market

The Bavarian Administrative Court of Appeal has upheld Munich’s reusable-packaging rules for the Viktualienmarkt, a market in the city, rejecting legal challenges from three stallholders, BR24 reported.

The stallholders filed their applications for judicial review in April 2025, arguing that the city’s rules unlawfully restricted their freedom to conduct business. The requirement means vendors selling takeaway drinks and food must offer reusable cups and containers in exchange for a deposit.

The stallholders said customers were put off by the deposit and instead bought from nearby businesses not subject to the market rules. Coffee seller Christian Müller told the court that, of 82,000 takeaway customers, only about 2,000 chose reusable plastic cups. Most opted for paper cups.

Müller said he still offers fully compostable paper cups to avoid losing customers, and charges a small fee for each one. If he had to stop offering them, he estimated he would lose about half his takeaway customers. Brigitte Schweiger, whose family runs a juice stall at the market, said the rules had cut sales by as much as 25 percent.

Since 2025, Munich has run the ReMuc – Ois im Kreis project to reduce waste from disposable packaging. Reusable cups and bowls can be returned at machines, and the system uses containers from providers including Recup.

The city told the court that disposable packaging creates a large amount of waste around the market and that it should lead by example under waste legislation. The judges also noted that the rules were strict and placed a significant burden on stallholders.

The stallholders said they supported reducing waste and would accept a citywide ban on disposable packaging or a packaging tax. They objected to the rules applying only to the market, rather than nearby businesses as well. The court’s written reasons for rejecting their challenges are expected in several weeks.