Judgment;Information — ECLI:EU:T:2023:737
Date: 2023-11-22
Language of the case: English
Court formation: First Chamber
Subject matter: Approximation of laws;Research and technological development;REACH
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (First Chamber) of 22 November 2023 – Symrise v ECHA (Case T‑656/20) (1) (REACH – Substance homosalate – Utilisation exclusive pour la fabrication de produits cosmétiques – Compliance check of registrations – Request for additional toxicity studies – Article 41 of Regulation (EC) No 1907/2006 – Prohibition of animal testing – Article 18(1)(d) of Regulation (EC) No 1223/2009 – Article 2(4)(b) and Article 14(5)(b) of Regulation No 1907/2006 and Section 3 of Annex XI thereto – Obligation to state reasons – Manifest error of assessment – Error of law) 1. Approximation of laws – Registration, evaluation and authorisation of chemicals – REACH Regulation – Assessment procedure – Compliance check of registration dossiers – Decision of the European Chemical Agency requesting additional information – Request for toxicity studies on a chemical substance used exclusively as an ingredient in cosmetic products involving animal testing – Whether permissible – Prohibition of animal testing – Scope (European Parliament and Council Regulations No 1907/2006, recital 13 and Art. 2 and No 1223/2009, Arts 10, 11, 18(1)(b) and (d), and 25(1)(g)) (see paragraphs 65-68, 71-76) 2. Approximation of laws – Registration, evaluation and authorisation of chemicals – REACH Regulation – Objectives – High level of protection of human health – Objective corresponding to that pursued in the cosmetics sector – Identical objective applicable to different categories of people (European Parliament and Council Regulations No 1907/2006, Arts. 1(1) and (3), and No 1223/2009, Art. 3) (see paragraphs 80-82) 3. Approximation of laws – Registration, evaluation and authorisation of chemicals – REACH Regulation – Assessment procedure – Compliance check of registration dossiers – Decision of the European Chemical Agency requesting additional information – Request for toxicity studies on a chemical substance used exclusively as an ingredient in cosmetic products involving animal testing – Obligation to assess workers’ exposure to the chemical substance during manufacture – Scope – Possibility for a registrant to be exempted from providing standard information on the intrinsic properties of the chemical substance – None (European Parliament and Council Regulation No 1907/2006, Art. 14(5)(b) and Annex XI) (see paragraphs 87-92) 4. Approximation of laws – Registration, evaluation and authorisation of chemicals – REACH Regulation – Assessment procedure – Compliance check of registration dossiers – Decision of the European Chemical Agency requesting additional information – Action brought before the Board of Appeal of ECHA – Task of the Board of Appeal – Intensity of the review – Assessment of highly complex scientific and technical facts – Restriction of the review to the assessment of manifest errors of assessment by ECHA – Not included (European Parliament and Council Regulation No 1907/2006) (see paragraphs 123, 124) 5. Approximation of laws – Registration, evaluation and authorisation of chemicals – REACH Regulation – Assessment procedure – Compliance check of registration dossiers – Decision of the European Chemical Agency requesting additional information – Action brought before the EU Courts – Intensity of the review – Assessment of highly complex scientific and technical facts – Restriction of the review to the assessment of manifest errors of assessment by ECHA – Included (European Parliament and Council Regulation No 1907/2006) (see paragraphs 125, 156) 6. Approximation of laws – Registration, evaluation and authorisation of chemicals – REACH Regulation – Assessment procedure – Compliance check of registration dossiers – Decision of the European Chemical Agency requesting additional information – Request for toxicity studies on a chemical substance used exclusively as an ingredient in cosmetic products involving animal testing – Obligation for all registrants to produce as much information as possible obtained by means other than animal testing (European Parliament and Council Regulation No 1907/2006, Art. 25) (see paragraphs 158-160) Operative part The Court: 1. Dismisses the action; 2. Orders Symrise AG to pay its own costs as well as those incurred by the European Chemicals Agency (ECHA), including those relating to the interim proceedings; 3. Orders Cruelty Free Europe (CFE), PETA International Science Consortium Ltd, PETA Science Consortium International eV and European Federation for Cosmetics Ingredients (EFfCI) each to pay their own costs. 1OJ C 53, 15.2.2021.