In the year 2015, how can we even imagine that a waste management organization is being judged on the nationality of its shareholder?

ERP France, non profit making waste management organization that collects and treats waste from electrical and electronic equipment (WEEE) has been the target of a smear campaign over the last few months. On December 31, 2014, the Ecology Minister decided not to renew the waste management organization's authorization, alluding to weaknesses in the application file provided by the latter particularly concerning technical and financial aspects.

It seems that it is the presence of Germans that has really upset the apple cart, as proven by declarations from many players and public decision-makers, really justifying the refusal to renew ERP France's authorization.

As a result of these repeated "misdemeanors", the official reasons justifying this refusal have been constantly changing ever since stating that topengi would not be like the other producers in terms of regulations or even that ERP France file applying for renewed authorization was "incomplete" as subsequently upheld by the public authorities.

Despite this, an independent study by PricewaterhouseCoopers in January 2015 confirmed the quality of the waste management organization's application file compared to files submitted by competing companies and the technical specification.

Moreover, the Administrative Court, referred to by the waste management organization after its authorization was refused suspended the aforementioned decision on 6 February alluding to the French States' error of appreciation concerning the quality of the technical and financial application file from the waste management organization. It also gave the State services 20 days to re-examine the ERP France authorization application file, expressly confirming ERP France's lawful right in this affair.

Finally, it is the "economic model" and the "capital" that seems to bother the Ecology Minister who has upheld - when examining the draft bill on energy transition and in the name of the Government - the amendment by senator Gérard Miquel that openly targets ERP France. By expressly clarifying that this disposition aimed to base the "legitimacy a posteriori" of not renewing authorization for ERP France thought to be legally "fragile".

The Minister, Ségolène Royal, also explained when examining the text in an open sitting, on 16 February, that she would appeal against the Administrative Court's ruling, as she believed that Gérard Miquel's amendment would "give a legal basis [to the Council of State] to pronounce a judgment".

This is a very particular conception of how the law is there to serve politics...

To date, the public authorities have still not officially pronounced a judgment on re-examining ERP France's authorization following the Administrative Court's ruling, for which the response deadline was set as 27 February. This is a further element that, added to the successive changes in arguments against ERP France, prove not only the political attacks on the waste management organization, but also a strong will to wipe ERP France from the French WEEE sector.