Court of Justice 3 September 2026, C-193/25 (Opinion of Advocate General Kokott delivered on 3 September 2026.)

Also known as

Advocate General Kokott recommends the annulment of Article 9(1)(a) and Annex III of Directive (EU) 2024/3019, finding that the EU legislature committed a manifest error of assessment in determining the toxic load attributable to pharmaceuticals and cosmetics for the purposes of extended producer responsibility. The Opinion argues that the institutions failed to clearly and unequivocally demonstrate the exercise of their discretion or the adequate verification of the scientific facts used to allocate 80% of quaternary treatment costs to these specific sectors. Furthermore, the Opinion suggests that the financing provisions are severable from the remainder of the Directive, rendering the Republic of Poland's action for partial annulment admissible.AI