The settlement reads that SIM is not allowed to use the study ”The Sustainability of Packaging Systems for Fruit and Vegetable Transport in Europe based on Life-Cycle-Analysis” for commercial activities. The Court discussed the activities of SIM when using the study in length. Under German law, publications of SIM’s addressed to commercial target groups meant influencing the market with results of a study that VDW questioned in its conclusions as dubious. The Court claimed that SIM was exercising competitive activities when sending out this study along with a comment of their own. According to one judge, these commercial activities were hence “disguised scientifically”. VDW claims that Retailers reach high recycling rates of close to 100 % in the field of fruit and vegetables, where most of them are interested in making money by selling the used boxes for recycling. In that specific market segment, prices of € 100 and more are being paid for a tone of used corrugated. Furthermore, a recent study of VDW on apple transport packaging showed that corrugated is much cheaper than other materials. VDW claims that their own study which was never questioned is a lot closer to reality than the questioned SIM study. During the hearing, the Court questioned the study’s results using example figures that are not representative for the European Market. Although corrugated boxes are tailor made as FEFCO underlines in the publications the study was based on, model calculations remain being the grounds to the general judgments of corrugated in the SIM-study. According to the Court, the average reader would not be able to recognize these data as being model figures, them not necessarily demonstrating reality. This settlement states that this dubious study can no longer be used for commercial actions, as an argument or a proof to discriminate corrugated transport packaging. FEFCO has 24 active members, all European national corrugated packaging organizations. The role of the Federation is to investigate economic, financial, technical and marketing issues of interest to the corrugated packaging Industry, to analyze all factors which may influence the industry, and to promote and develop its image.

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