Abdul Majid challenged the legality of fees Circularity Scotland was seeking to impose on retailers.
Earlier this month it was announced the DRS in Scotland was to be delayed until October 2025 at the earliest.But Circular Economy Minister Lorna Slater told MSPs she had been left with no choice after the UK government excluded glass from the Scottish scheme.
The 13-page court ruling by Lord Young, published on Friday, followed a hearing at the Court of Session in December. Mr Majid's lawyers said this view breached European laws on competitiveness and it was unfair on small businesses. The organisation also accepted that the law for the scheme meant that businesses like Mr Majid's did not have to accept the fee determined for handling the returned item.He wrote: "It is accepted by the respondent that it has no statutory power to set the Return Handling Fee for any Return Point Operator.
"From the outset it was clear that there was an issue over the legality of the retailer handling fees but it is not as if this was not pointed out to them.
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