# C_2016156EN.01001101.xml

| 2.5.2016 | EN | Official Journal of the European Union | C 156/11 |
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2.5.2016

EN

Official Journal of the European Union

C 156/11

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Judgment of the Court (Second Chamber) of 17 March 2016 (request for a preliminary ruling from the Högsta domstolen — Sweden) — Canadian Oil Company Sweden AB, Anders Rantén v Riksåklagaren

(Case C-472/14) (1)

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((Reference for a preliminary ruling - Registration, evaluation, authorisation and restriction of chemicals - Regulation (EC) No 1907/2006 (REACH Regulation) - Extent of harmonised field - Registration of chemical substances with the European Chemicals Agency before placing them on the market - Article 5 - National chemical product register - Notification requirement for registration purposes - Compatibility with the REACH Regulation - Articles 34 TFEU and 36 TFEU - Quantitative restriction on imports))

(2016/C 156/14)

Language of the case: Swedish

Referring court

Referring court

Högsta domstolen

Parties to the main proceedings

Parties to the main proceedings

Applicants: Canadian Oil Company Sweden AB, Anders Rantén

Applicants:

Defendant: Riksåklagaren

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, as amended by Commission Regulation (EC) No 552/2009 of 22 June 2009, must be interpreted as not precluding national legislation which requires an importer of chemical products to register those products with the competent national authority when that importer is already under an obligation under that regulation to register those same products with the European Chemicals Agency, provided that that registration with the competent national authority does not constitute a pre-condition to the placing of those products on the market, it concerns information different from that required by that regulation and contributes to the achievement of the objectives pursued by that regulation, in particular those of ensuring a high level of protection of human health and the environment and the free movement of such substances in the internal market, in particular, by the implementation of a system of controls of the safe management of such products in the Member State concerned and the evaluation of that management, which it is for the referring court to ascertain. |
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1.

Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, as amended by Commission Regulation (EC) No 552/2009 of 22 June 2009, must be interpreted as not precluding national legislation which requires an importer of chemical products to register those products with the competent national authority when that importer is already under an obligation under that regulation to register those same products with the European Chemicals Agency, provided that that registration with the competent national authority does not constitute a pre-condition to the placing of those products on the market, it concerns information different from that required by that regulation and contributes to the achievement of the objectives pursued by that regulation, in particular those of ensuring a high level of protection of human health and the environment and the free movement of such substances in the internal market, in particular, by the implementation of a system of controls of the safe management of such products in the Member State concerned and the evaluation of that management, which it is for the referring court to ascertain.

| 2. | The combined provisions of Articles 34 TFEU and 36 TFEU must be interpreted as not precluding the notification and registration requirement for chemical products, as provided for in the national legislation at issue in the main proceedings. |
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2.

The combined provisions of Articles 34 TFEU and 36 TFEU must be interpreted as not precluding the notification and registration requirement for chemical products, as provided for in the national legislation at issue in the main proceedings.

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(1)  OJ C 448, 15.12.2014.

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