THEY may be just pieces of plastic to some, but the humble plant pots at one Hampshire nursery have become the centre of a High Court battle that will change the way 9,000 British nurseries operate.

It is because they are plastic that the Environment Agency (EA) brought the case to court in the first place.

The agency argued that, under the Producer Responsibility Obligations (Packaging Waste) Regulations 1997, Hillier Nurseries - based in Ampfield - had to recycle its pots because they were packaging.

Last June, a New Forest stipendiary magistrate found Hillier not guilty - but the High Court yesterday overturned that ruling.

An EA spokeswoman said the decision would apply to the estimated 9,000 nurseries that handled more than 50 tonnes of packaging waste a year and had a turnover of more than £2 million.

Tim Mason, from Hillier Nurseries, said he was disappointed. He said:"For legislation to be so complicated that it takes two years' debate and court action to reach a conclusion, surely it is poor legislation?"

Alison Lee, from the Horticultural Trades Association, said the cost of the recycling to the industry had not been calculated yet, but the extra imposition would lead them to being undercut by overseas operators.

She also criticised the decision by the two High Court judges to deny any further appeal to the House of Lords or the European Court.

"Nobody else in Europe is enforcing this," she said.

"The European Commission themselves could not decide that it was packaging, and has left it to the European Court - they want them to make the decision.

"If the European Court made a decision, then all the member states would have to comply with it."

The matter will now be referred back to the magistrates court for sentencing - where Hillier faces a fine of up to £2,000.