# C_2009205EN.01000601.xml

| 29.8.2009 | EN | Official Journal of the European Union | C 205/6 |
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29.8.2009

EN

Official Journal of the European Union

C 205/6

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Judgment of the Court (Grand Chamber) of 7 July 2009 (Reference for a preliminary ruling from the High Court of Justice (Queen’s Bench Division) (United Kingdom) — The Queen, on the application of S.P.C.M. SA, C.H. Erbslöh KG, Lake Chemicals and Minerals Ltd, Hercules Inc. v Secretary of State for the Environment, Food and Rural Affairs

(Case C-558/07) (1)

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(Regulation (EC) No 1907/2006 - Chemicals - Registration, evaluation, authorisation and restriction of chemicals (REACH) - Concept of ‘monomer substances’ - Validity - Proportionality - Equal treatment)

2009/C 205/08

Language of the case: English

Referring court

Referring court

High Court of Justice (Queen’s Bench Division)

Parties to the main proceedings

Parties to the main proceedings

Applicants: The Queen, on the application of S.P.C.M. SA, C.H. Erbslöh KG, Lake Chemicals and Minerals Ltd, Hercules Inc.

Applicants:

Defendants: Secretary of State for the Environment, Food and Rural Affairs

Defendants:

Re:

Re:

Reference for a preliminary ruling — High Court of Justice, Queen’s Bench Division — Interpretation and validity of Article 6(3) of 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 — Concept of ‘monomer substances’

Operative part of the judgment

Operative part of the judgment

| 1. | The concept of ‘monomer substances’ in Article 6(3) of 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 relates only to reacted monomers which are integrated in polymers; |
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1.

The concept of ‘monomer substances’ in Article 6(3) of 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 relates only to reacted monomers which are integrated in polymers;

| 2. | Examination of the second question has revealed no factor of such a kind as to affect the validity of Article 6(3) of Regulation No 1907/2006. |
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2.

Examination of the second question has revealed no factor of such a kind as to affect the validity of Article 6(3) of Regulation No 1907/2006.

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(1)  OJ C 51, 23.2.2008.

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