Advocate General Bot (the AG), on 31 March 2009, recommended that the European Court of Justice (ECJ) dismiss the appeal in the “Green Dot” waste management case. The case has a long history. In April 2001, the European Commission found that a German waste management company, Duales System Deutschland (DSD), had abused a dominant position by requiring customers to pay a fee for the use of the “Green Dot” recycling mark on packaging even where DSD did not provide recovery services. Although DSD was not fined (in view of the novelty of the case), it took an appeal before the Court of First Instance (CFI). When the CFI turned down the appeal, it took a further appeal to the ECJ alleging that the CFI had erred in law. Although the AG has largely dismissed DSD’s claims, he did consider that the CFI had breached DSD’s right to have its case determined within a reasonable time since the judgment had taken five years and nine months.