# C_2017293EN.01003701.xml

| 4.9.2017 | EN | Official Journal of the European Union | C 293/37 |
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4.9.2017

EN

Official Journal of the European Union

C 293/37

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Action brought on 27 June 2017 — Deza v Commission

(Case T-400/17)

(2017/C 293/46)

Language of the case: Czech

Parties

Parties

Applicant: Deza, a.s. (Valašské Meziříčí, Czech Republic) (represented by: P. Dejl, lawyer)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

| — | annul in part Commission Regulation (EU) No 2017/776 of 4 May 2017 amending Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 (‘the CLP Regulation’), in so far as it classifies and labels the substance anthraquinone, by inserting the following entry in Table 3 of Part 3 of Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council: Index number 606-151-00-4; International Chemical Identification: anthraquinone; EC No: 201-549-0; CAS No: 84-65-1; Hazard Class and Category Code: Carc. IB; Hazard Statement Code: H350; Pictogram, Signal Word Code: GHS08 Dgr; Hazard Statement Code: H350; |
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annul in part Commission Regulation (EU) No 2017/776 of 4 May 2017 amending Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 (‘the CLP Regulation’), in so far as it classifies and labels the substance anthraquinone, by inserting the following entry in Table 3 of Part 3 of Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council: Index number 606-151-00-4; International Chemical Identification: anthraquinone; EC No: 201-549-0; CAS No: 84-65-1; Hazard Class and Category Code: Carc. IB; Hazard Statement Code: H350; Pictogram, Signal Word Code: GHS08 Dgr; Hazard Statement Code: H350;

| — | order the defendant to pay the costs. |
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order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

| 1. | First plea in law, alleging unlawful and manifestly incorrect classification and labelling of the substance anthraquinone as a Category 1B carcinogenic substance in accordance with Table 3 of Part 3 of Annex I to the CLP Regulation






  — | That classification and labelling are not based on sufficient evidence obtained from reliable and acceptable studies demonstrating a causal relationship between the substance anthraquinone as such and an increased incidence of tumours in experimental animals within the meaning of points 3.6.1 and 3.6.2 of Part 3 of Annex I to the CLP Regulation. |
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1.

First plea in law, alleging unlawful and manifestly incorrect classification and labelling of the substance anthraquinone as a Category 1B carcinogenic substance in accordance with Table 3 of Part 3 of Annex I to the CLP Regulation

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That classification and labelling are not based on sufficient evidence obtained from reliable and acceptable studies demonstrating a causal relationship between the substance anthraquinone as such and an increased incidence of tumours in experimental animals within the meaning of points 3.6.1 and 3.6.2 of Part 3 of Annex I to the CLP Regulation.

| 2. | Second plea in law, alleging breach of the applicant’s rights and of principles enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union






  — | As a consequence of the unlawful and manifestly incorrect classification and labelling of the substance anthraquinone as a Category 1B carcinogenic substance in accordance with Table 3 of Part 3 of Annex I to the CLP Regulation, there was a breach in particular of the applicant’s right to peaceful enjoyment of its property and the principle of legal certainty. |
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2.

Second plea in law, alleging breach of the applicant’s rights and of principles enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union

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As a consequence of the unlawful and manifestly incorrect classification and labelling of the substance anthraquinone as a Category 1B carcinogenic substance in accordance with Table 3 of Part 3 of Annex I to the CLP Regulation, there was a breach in particular of the applicant’s right to peaceful enjoyment of its property and the principle of legal certainty.

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