Case C-558/07: Judgment of the Court (Grand Chamber) of 7 July 2009 (Reference for a preliminary ruling from the High Court of Justice (Queen’s Bench Division) (United Kingdom) — The Queen, on the application of S.P.C.M. SA, C.H. Erbslöh KG, Lake Chemicals and Minerals Ltd, Hercules Inc. v Secretary of State for the Environment, Food and Rural Affairs (Regulation (EC) No 1907/2006 — Chemicals — Registration, evaluation, authorisation and restriction of chemicals (REACH) — Concept of monomer substances — Validity — Proportionality — Equal treatment)
Date: 2009-07-07
Institutions: Court of Justice
Subjects: administrative formalities, chemical product, environmental risk prevention, interpretation of the law, marketing standard, product safety, scientific report








C_2009205EN.01000601.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/6





Judgment of the Court (Grand Chamber) of 7 July 2009 (Reference for a preliminary ruling from the High Court of Justice (Queen’s Bench Division) (United Kingdom) — The Queen, on the application of S.P.C.M. SA, C.H. Erbslöh KG, Lake Chemicals and Minerals Ltd, Hercules Inc. v Secretary of State for the Environment, Food and Rural Affairs
(Case C-558/07) (1)

(Regulation (EC) No 1907/2006 - Chemicals - Registration, evaluation, authorisation and restriction of chemicals (REACH) - Concept of ‘monomer substances’ - Validity - Proportionality - Equal treatment)
2009/C 205/08
Language of the case: English

Referring court

High Court of Justice (Queen’s Bench Division)

Parties to the main proceedings


Applicants: The Queen, on the application of S.P.C.M. SA, C.H. Erbslöh KG, Lake Chemicals and Minerals Ltd, Hercules Inc.

Defendants: Secretary of State for the Environment, Food and Rural Affairs

Re:

Reference for a preliminary ruling — High Court of Justice, Queen’s Bench Division — Interpretation and validity of Article 6(3) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC — Concept of ‘monomer substances’

Operative part of the judgment







1.


The concept of ‘monomer substances’ in Article 6(3) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC relates only to reacted monomers which are integrated in polymers;










2.


Examination of the second question has revealed no factor of such a kind as to affect the validity of Article 6(3) of Regulation No 1907/2006.






(1)  OJ C 51, 23.2.2008.