Information;Judgment — ECLI:EU:C:2022:870
Date: 2022-11-10
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Approximation of laws;Public health
Procedure: Action for annulment;Appeal - unfounded
Origin: France

Judgment of the Court (Eighth Chamber) of 10 November 2022 – Laboratoire Pareva v Commission (Case C‑702/21 P) (1) (Appeal – Biocidal products – Regulation (EU) No 528/2012 – Delegated Regulation (EU) No 1062/2014 – Active substance PHMB (1415; 4.7) – Refusal of approval as an existing active substance for use in biocidal products of product-types 1, 5 and 6 – Approval as an existing active substance for use in biocidal products of product-types 2 and 4 – Teratogenic effect – Human health risk assessment) 1. Appeal – Grounds – Plea against a ground of the judgment not necessary to support the operative part – Invalid plea in law (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paragraphs 51-53, 58) 2. Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the facts or evidence have been distorted (Art. 256(1), second subpara., TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see paragraph 65) Operative part The Court: 1. Dismisses the appeal; 2. Orders Laboratoire Pareva to pay the costs; 3. Orders the French Republic to bear its own costs. 1 OJ C 64, 7.2.2022.