Case C-626/11 P: Summary for the Appeal brought on 6 December 2011 by Polyelectrolyte Producers Group, SNF SAS against the order of the General Court (Seventh Chamber, Extended Composition) delivered on 21 September 2011 in Case T-1/10: Polyelectrolyte Producers Group, SNF SAS v European Chemicals Agency (ECHA), European Commission, Kingdom of the Netherlands
Date: 2011-12-06
Institutions: Court of Justice
Subjects: chemical product, dangerous substance, interpretation of the law








C_2012039EN.01001102.xml










11.2.2012   


EN


Official Journal of the European Union


C 39/11






Summary for the Appeal brought on 6 December 2011 by Polyelectrolyte Producers Group, SNF SAS against the order of the General Court (Seventh Chamber, Extended Composition) delivered on 21 September 2011 in Case T-1/10: Polyelectrolyte Producers Group, SNF SAS v European Chemicals Agency (ECHA), European Commission, Kingdom of the Netherlands
(Case C-626/11 P)
(2012/C 39/22)
Language of the case: English

Parties


Appellants: Polyelectrolyte Producers Group, SNF SAS (represented by: K. Van Maldegem, avocat, R. Cana, avocat)

Other parties to the proceedings: European Chemicals Agency (ECHA), European Commission, Kingdom of the Netherlands

Form of order sought

The applicants claim that the Court should:






—


set aside the Order of the General Court in Case T-1/10; and










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annul the decision of the European Chemicals Agency (‘ECHA’) to identify acrylamide as a substance meeting the criteria set out in Article 57 of Regulation (EC) No 1907/2006 (1) concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals in accordance with Article 59 of Regulation 1907/2006; or










—


alternatively, refer the case back to the General Court to rule on the Appellants' Application for annulment; and










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order the Respondent to pay all the costs of these proceedings (including the costs before the General Court).





Pleas in law and main arguments

The Appellants submit that, in dismissing their application for annulment in respect of the decision of ECHA to identify acrylamide as a substance meeting the criteria set out in Article 57 of Regulation l907/2006 in accordance with Article 59 of Regulation l907/2006, the General Court breached Union law. In particular, the Appellants contend that the General Court committed a number of errors in its interpretation of the facts and of the legal framework as applicable to the Appellants' situation. That resulted in it making a number of errors in law, in particular:






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In holding that identification of a substance as a Substance of Very High Concern (‘SVHC’) by the ECHA Member State Committee in accordance with Article 59(8) of Regulation 1907/2006 is not a decision intended to produce legal effects vis-à-vis third parties before the publication of that decision on the Candidate list of SVHC in accordance with Article 59(10) Regulation 1907/2006;




For these reasons the Appellants claim that the judgment of the General Court in Case T-1/10 should be set aside and the decision of ECHA to identify acrylamide as a substance meeting the criteria set out in Article 57 of Regulation l907/2006 in accordance with Article 59 of Regulation l907/2006, should be annulled.


(1)  1 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
OJ L 396, p. 1