Carbonated fruit juice in sparkling wine bottles is not subject to the deposit requirement
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The Baden-Württemberg Administrative Court (VGH) has ruled that a non-alcoholic fruit juice-based drink with added carbon dioxide in sparkling wine bottles is not subject to the deposit requirement under the Packaging Act. The 10th Senate thus upheld the appeal of a drinks manufacturer and obliged the Stiftung Zentrale Stelle Verpackungsregister (ZSVR) to classify the corresponding glass bottle as deposit-free (case no. 10 S 1403/24).
The product in question is the drink “PriSecco Cuvée No. 11 - unripe apple/oak leaves”, which consists of 99% fruit juice but also contains carbon dioxide, spices and herbal additives. While the drink is not considered pure fruit juice under food law, the VGH clarified that this classification is not decisive for the Packaging Act.
Exception: not a soft drink subject to a deposit
“The question of the deposit obligation depends on an assessment under waste law,” it says in the reasons for the ruling. The beverage is not to be classified as a “soft drink” subject to a deposit, but as a “fruit juice” within the meaning of the statutory exception pursuant to Section 31 (4) sentence 1 no. 7 letter h of the German Packaging Act (VerpackG).
