# C_2019148EN.01004601.xml

| 29.4.2019 | EN | Official Journal of the European Union | C 148/46 |
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29.4.2019

EN

Official Journal of the European Union

C 148/46

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Judgment of the General Court of 7 March 2019 — Sweden v Commission

(Case T-837/16) (1)

(REACH - Commission decision authorising the use of lead sulfochromate yellow and of lead chromate molybdate sulfate red - Article 60(4) and (5) of Regulation (EC) No 1907/2006 - Consideration of the unavailability of alternatives - Error in law)

(2019/C 148/42)

Language of the case: Swedish

Parties

Applicant: Kingdom of Sweden (represented by: initially, A. Falk and F. Bergius, and subsequently, A. Falk, C. Meyer-Seitz, H. Shev and J. Lundberg, acting as Agents)

Defendant: European Commission (represented by: R. Lindenthal, K. Mifsud-Bonnici, K. Simonsson and G. Tolstoy, acting as Agents)

Interveners in support of the applicant: Kingdom of Denmark (represented by: initially, C. Thorning and M. Wolff, and subsequently, M. Wolff and J. Nymann-Lindegren, acting as Agents); Republic of Finland (represented by: S. Hartikainen, acting as Agent); and the European Parliament (represented by: A. Neergaard and A. Tamás, acting as Agents)

Intervener in support of the defendant: European Chemicals Agency (represented by: M. Heikkilä, W. Broere and C. Schultheiss, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Commission Implementing Decision C(2016) 5644 final of 7 September 2016 granting an authorisation for some uses of lead sulfochromate yellow and of lead chromate molybdate sulfate red under Regulation (EC) No 1907/2006.

Operative part of the judgment

The Court:

| 1. | Annuls Commission Implementing Decision C(2016) 5644 final of 7 September 2016 granting an authorisation for some uses of lead sulfochromate yellow and of lead chromate molybdate sulfate red under Regulation (EC) No 1907/2006; |
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1.

Annuls Commission Implementing Decision C(2016) 5644 final of 7 September 2016 granting an authorisation for some uses of lead sulfochromate yellow and of lead chromate molybdate sulfate red under Regulation (EC) No 1907/2006;

| 2. | Dismisses the Commission’s application seeking, in the event of the annulment of Commission Implementing Decision C(2016) 5644 final of 7 September 2016, that the effects of that decision be maintained until the Commission is able to review the application for authorisation; |
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2.

Dismisses the Commission’s application seeking, in the event of the annulment of Commission Implementing Decision C(2016) 5644 final of 7 September 2016, that the effects of that decision be maintained until the Commission is able to review the application for authorisation;

| 3. | Orders the Commission to bear its own costs and to pay those incurred by the Kingdom of Sweden; |
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3.

Orders the Commission to bear its own costs and to pay those incurred by the Kingdom of Sweden;

| 4. | Orders the Kingdom of Denmark, the Republic of Finland and the European Parliament to bear their own costs. |
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4.

Orders the Kingdom of Denmark, the Republic of Finland and the European Parliament to bear their own costs.

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(1)  OJ C 38, 6.2.2017.

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