compliance teamYou received a packaging cease-and-desist letter. Read this first.
Step 1
Do not sign under pressure
Step 2
Have the demand reviewed by counsel
Step 3
Fix the underlying register position
Step 4
Keep the correspondence with the file
| Control | Evidence to retain |
|---|---|
| Scope | Entity, product, channel, stream and source |
| External action | Version, date, authorised filer and issued receipt |
| Maintenance | Source data, approval, invoice and next deadline |
What the letter is
Germany allows competitors and specialised firms to send fee-bearing cease-and-desist letters over conduct that distorts competition. Packaging registration has been treated as a market-conduct rule capable of supporting such a claim in principle, which is why the letters exist at all.
Framing matters here. The leading decision on the point is often cited as if a seller had been punished; in that case the defendant won, because it was registered under its business name. Cite the principle, not a punishment that did not happen.
Why you were found
The producer register is public and updated daily. Anyone can search it, including competitors and the firms that make a business of these letters. A foreign producer's entry also shows whether an authorised representative has been named, so a gap is visible from outside.
A documented wave in July 2024 saw letters demanding several hundred euros in costs for a missing register entry, with trade associations advising members to register but not to pay an unreviewed demand. That is still the right instinct: fix the underlying position, review the demand separately.
What to do, in order
Do not sign a cease-and-desist undertaking under time pressure. The wording usually carries a contractual penalty for any future breach, and it outlives the letter. Get it reviewed by German counsel.
In parallel, fix the substance: appoint a representative if the duty applies, complete or correct the register entry yourself, and put a system contract in place. We can do the compliance side quickly; we do not give legal advice on the letter, and any provider that offers to make it go away is overreaching.
Conclusion
Scope comes before a form. Connect the legal entity, its German establishment, the product, the sales channel and the EPR stream to the rule that actually applies.
Evidence must remain traceable. Keep source data, versions, approvals, filings, receipts and every record issued by an external body.
Third-party decisions are never guaranteed. The packaging register, the central agency, the dual systems and the marketplaces control their own procedures, timing and decisions.