Rulings: Aldi Nord and Edeka must also take back electronic waste for free

New court decisions in Germany are emphasizing the obligation for the free take-back of old electrical equipment. This reinforces the interpretation of the German Electrical and Electronic Equipment Act (ElektroG). Two recent district court rulings confirm that retailers selling electrical appliances above a certain store size must accept discarded small electrical devices free of charge.

Specifically, a decision by the District Court of Verden targets Aldi Nord (Case No. 9 O 25/25). The District Court of Würzburg has likewise ordered an Edeka supermarket to accept returns (Case No. 2 HK O 1330/25). The full text of these decisions has not yet been published. In both cases, the German Environmental Aid (DUH) took action against the retailers. Test shoppers had identified violations of the take-back obligation, which has been in effect for over three years.

The ElektroG obliges food retailers, supermarkets, and discounters with a sales area of at least 800 square meters to accept electronic devices such as shavers, mobile phones, or power banks free of charge when they offer electronic devices for sale. For devices with a maximum edge length of 25 centimeters, the right of return does not depend on whether customers purchase a new device.

The current case law is consistent with previous decisions that underscore the scope of the ElektroG and the obligations of large distributors. A prominent example is the ruling by the Higher Regional Court of Hamm of March 11, which confirmed the take-back obligation for large retailers—in this specific case, Lidl. These rulings clarify that the relevant provision also applies to food and drugstore markets and is not limited to pure electronics retailers. The judges in Hamm did not accept Lidl's references to less extensive EU law or the potential unconstitutionality of the norm.

Criticism of Deficient Implementation

The Federal Managing Director of the DUH, Barbara Metz, emphasizes that the ongoing lawsuits demonstrate the insufficient compliance with legal provisions by the retail sector would. This is a significant reason why Germany is far from meeting the legally mandated collection rate for old electrical equipment of 65 percent, achieving only 29.5 percent.

Metz calls on retailers, especially supermarkets and drugstores, to fulfill their product responsibility. After all, they also generate revenue from selling electrical appliances. The DUH appeals to companies to proactively advertise take-back services and provide fire-resistant collection containers.

Since, in the DUH's view, the state authorities are insufficiently enforcing the take-back obligation, the organization plans further test visits and, if necessary, lawsuits. The proper collection and recycling of old electrical equipment are essential for conserving resources, preventing the release of pollutants, and minimizing fire risks from batteries. With pilot runs in 21 supermarkets and drugstores, the DUH recently revealed that in nearly half of the branches, no electronic waste could be handed in.

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