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Symphony Environmental case heard by EU court, judgement in due course

ALN

Symphony Environmental Technologies PLC on Tuesday said its case against a single use plastics has been heard by the General Court of the EU in Luxembourg, with a judgement expected in due course.

The Hertfordshire-based developer of sustainable plastics and rubber said the case was heard on Monday, with Symphony Environmental’s case being that article 5 of the Single-use plastics Directive 2019/904 is unlawful, claiming for losses and reputational damages.

In December 2020, Symphony said that it ‘has been advised by three barristers, all experts in EU law, that this part of the directive is confusing and illegal’. The legal action is for financial damages against the Commission, Parliament and Council of the EU, Symphony explained.

It said it does not accept that article 5 applies to its technology, ‘but the confusion caused worldwide by the wording of the legislation is obstructing the adoption of the technology’.

‘For every day it remains in force Symphony suffers loss, but more important, ordinary plastic continues to be used, and thousands of tons of it are getting into the open environment, where it will persist for 50 years or more,’ Symphony Environmental said in a statement.

The court hearing was heard by five judges, including the president of the court.

Symphony Environmental said a written judgment will be delivered in due course, which its legal advisers estimate could be 12 to 15 months after the hearing and without prior notice.

Shares in Symphony Environmental were down 2.6% to 9.25 pence each in London on Tuesday morning.

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