The Court of First Instance (CFI) has dismissed in its entirety the appeal by Duales System Deutschland (DSD) against two decisions of the European Commission concerning its system for collection and recycling of packaging waste. In 2001 the Commission ruled that DSD had abused its dominant position by charging a fee for part of the sales packaging bearing the trade mark “the Green Dot” (der Grüne Punkt) when the take-back and recovery obligation had been fulfilled by another company. In its second decision, the Commission imposed two obligations on DSD to assure unrestricted access to the collection infrastructure for competing service providers. According to the CFI the first Commission decision has not adversely affected the proper functioning of the DSD system. The CFI also confirmed that it is economically difficult to duplicate the waste collection infrastructure near households and that the obligations imposed by the Commission were therefore justified.