Commentary on the CJUE decision on Case T-113/20

Abstract

The judgment in BSEF v Commission (T-113/20) marks a turning point in the development of EU ecodesign policy. This article argues that the case consolidates the legal and conceptual shift from the energy- efficiency-based framework of the Ecodesign Directive to a broader sustainability paradigm now reflected in the Ecodesign for Sustainable Products Regulation (ESPR). It shows how the General Court affirmed the Commission’s competence under the Ecodesign Directive to adopt material restrictions – such as the ban on halogenated flame retardants – as legitimate measures to enhance product recyclability and end-of-life outcomes. The judgment also clarifies the relationship between ecodesign, chemicals, and waste legislations, treating these regimes as mutually reinforcing rather than mutually exclusive. By rejecting industry claims of legal uncertainty, disproportionality, and unequal treatment, the Court validated the expansion of ecodesign’s regulatory scope beyond energy performance. Situating T-113/20 within the broader evolution of EU product policy, the article reflects on its implications for the design, implementation, and future trajectory of the ESPR.