Information;Judgment — ECLI:EU:T:2020:625
Date: 2020-12-16
Language of the case: English
Court formation: Eighth Chamber, Extended Composition
Subject matter: Environment;Provisions governing the Institutions
Procedure: Action for damages - unfounded;Action for damages - inadmissible
Origin: Germany

Judgment of the General Court of 16 December 2020 – Tokai erftcarbon v Commission (Case T-636/18) 1 (Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals) Language of the case: English Parties Applicant: Tokai erftcarbon GmbH (Grevenbroich, Germany) (represented by: K. Van Maldegem, M. Grunchard, S. Saez Moreno and P. Sellar, lawyers) Defendant: European Commission (represented by: M. Wilderspin, R. Lindenthal and K. Talabér-Ritz, acting as Agents) Interveners in support of the defendant: Kingdom of Spain (represented by: L. Aguilera Ruiz, acting as Agent), European Chemicals Agency (represented by: M. Heikkilä and W. Broere, acting as Agents) Re: Action under Article 268 TFEU seeking compensation for the damage which the applicant claims to have suffered as a result of the adoption of Commission Regulation (EU) No 944/2013 of 2 October 2013 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (OJ 2013 L 261, p. 5), in so far as that regulation classified pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) and Aquatic Chronic 1 (H410) substance. Operative part of the judgment The Court: Dismisses the action; Orders Tokai erftcarbon GmbH to bear its own costs and to pay those incurred by the European Commission; Orders the Kingdom of Spain and the European Chemicals Agency (ECHA) to bear their own costs. ____________ 1 OJ C 16, 14.1.2019.