Information;Judgment — ECLI:EU:C:2024:904
Date: 2024-10-17
Language of the case: Polish
Court formation: Tenth Chamber
Subject matter: Approximation of laws;Research and technological development;REACH
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Poland

Judgment of the Court (Tenth Chamber) of 17 October 2024 – Firearms United Network and Others v Commission (Case C‑105/23 P) (1) ( Appeal – Regulation (EC) No 1907/2006 (REACH Regulation) – Registration, evaluation, authorisation and restriction of chemicals (REACH) – Annex XVII – Updating – Regulation (EU) 2021/57 – Lead – Use, in wetlands, of gunshot containing a concentration of lead greater than 1% by weight ) 1. Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of Justice of the assessment of the facts and evidence – Possible only where the facts or evidence have been distorted – Requirement that the distortion be obvious from the documents in the file – Ground alleging a divergence of interpretation of a document – Inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see paragraphs 38, 40-44) 2. Appeal – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Error of law relied on not identified – Manifest inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see paragraphs 45-48) 3. Approximation of laws – Registration, evaluation and authorisation of chemicals – REACH Regulation – Restrictions applicable to certain substances – Establishment of new restrictions and modification of existing restrictions – Restriction regarding lead in gunshot in or around wetlands – Persons carrying lead gunshot in wetlands – No presumption of the discharge of lead ammunition – No infringement of the principle of the presumption of innocence (Charter of Fundamental Rights of the European Union, Art. 48(1); European Parliament and Council Regulation No 1907/2006, Art. 68(1) and Annex XVII (11), second subpara., (b) and (c); Commission Regulation 2021/57) (see paragraphs 49-54) Operative part The Court: 1. Dismisses the appeal; 2. Orders Firearms United Network, Tomasz Walter Stępień, Michał Budzyński, and Andrzej Marcjanik to bear their own costs and to pay the costs incurred by the European Commission and by the European Chemicals Agency (ECHA); 3. Orders the Federal Republic of Germany and the French Republic to bear their own costs. 1 OJ C 134, 17.4.2023.