Case C-626/11 P: Judgment of the Court (Fourth Chamber) of 26 September 2013 — Polyelectrolyte Producers Group, SNF SAS v European Chemicals Agency (ECHA), European Commission, Kingdom of the Netherlands (Appeal — European Chemicals Agency (ECHA) — Registration, evaluation and authorisation of chemical substances — Regulation (EC) No 1907/2006 (REACH Regulation) — Articles 57 and 59 — Substances subject to authorisation — Identification of acrylamide as a substance of very high concern — Inclusion on the candidate list of substances — Publication of the list on the ECHA website — Action for annulment brought prior to that publication — Admissibility)
Date: 2013-09-26
Institutions: Court of Justice
Subjects: European Chemicals Agency, advertising, application of EU law, chemical product, dangerous substance, health risk, principle of legal certainty, right to justice








C_2013344EN.01001701.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/17





Judgment of the Court (Fourth Chamber) of 26 September 2013 — Polyelectrolyte Producers Group, SNF SAS v European Chemicals Agency (ECHA), European Commission, Kingdom of the Netherlands
(Case C-626/11 P) (1)

(Appeal - European Chemicals Agency (ECHA) - Registration, evaluation and authorisation of chemical substances - Regulation (EC) No 1907/2006 (REACH Regulation) - Articles 57 and 59 - Substances subject to authorisation - Identification of acrylamide as a substance of very high concern - Inclusion on the candidate list of substances - Publication of the list on the ECHA website - Action for annulment brought prior to that publication - Admissibility)
2013/C 344/27
Language of the case: English

Parties


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

Other parties to the proceedings: European Chemicals Agency (ECHA) (represented by: M. Heikkilä and W. Broere, Agents, assisted by J. Stuyck, advocaat), Kingdom of the Netherlands (represented by: C. Wissels and B. Koopman, Agents), European Commission (represented by: P. Oliver and E. Manhaeve, Agents)

Re:

Appeal against the Order of the General Court (Seventh Chamber, extended composition) of 21 September 2011 in Case T-1/10 Polyelectrolyte Producers Group and SNF v ECHA dismissing as inadmissible an action for the annulment of the decision of the European Chemicals Agency (ECHA) of 7 December 2009, identifying acrylamide (EC No 201-173-7) as a substance fulfilling the criteria referred to in Article 57 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 (OJ 2006 L 396, p. 1), pursuant to Article 59 of that regulation — Act subject to review

Operative part of the judgment

The Court:






1.


Sets aside the order of the General Court of the European Union of 21 September 2011 in Case T-1/10 PPG and SNF v ECHA;










2.


Refers the present case back to the General Court of the European Union;










3.


Reserves the costs.






(1)  OJ C 39, 11.2.2012.