Case T-636/17: Judgment of the General Court of 20 September 2019 — PlasticsEurope v ECHA (REACH — Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV of Regulation (EC) No 1907/2006 — Supplement to the entry relating to the substance bisphenol A on that list — Articles 57 and 59 of Regulation No 1907/2006 — Manifest error of assessment — Legal certainty — Legitimate expectations — Proportionality)
Date: 2019-09-20
Institutions: General Court
Subjects: chemical compound, chemical product, endocrine disease, environmental protection, health risk, market approval, marketing standard, principle of legal certainty, principle of proportionality, product safety








C_2019406EN.01002202.xml










2.12.2019   


EN


Official Journal of the European Union


C 406/22






Judgment of the General Court of 20 September 2019 — PlasticsEurope v ECHA
(Case T-636/17) (1)

(REACH - Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV of Regulation (EC) No 1907/2006 - Supplement to the entry relating to the substance bisphenol A on that list - Articles 57 and 59 of Regulation No 1907/2006 - Manifest error of assessment - Legal certainty - Legitimate expectations - Proportionality)
(2019/C 406/30)
Language of the case: English

Parties


Applicant: PlasticsEurope (Brussels, Belgium) (represented by: R. Cana, E. Mullier and F. Mattioli, lawyers)

Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä, W. Broere, C. Buchanan and A. Hautamäki, Agents, and initially by S. Raes, lawyer)

Interveners in support of the defendant: French Republic (represented: initially by D. Colas, E. de Moustier and J. Traband, and subsequently by D. Colas, J. Traband and A. L. Desjonquères, Agents), ClientEarth (London, United Kingdom), (represented by: P. Kirch, lawyer)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of Decision ED/30/2017 by the Executive Director of ECHA of 6 July 2017, by which the existing entry relating to bisphenol A on the list of identified substances with a view to their eventual inclusion in Annex XIV to 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, corrigendum OJ 2007 L 136, p. 3), in accordance with Article 59 of that regulation, was supplemented to the effect that that substance is also identified as a substance with endocrine disrupting properties that may have serious effects on human health which give rise to a level of concern equivalent to that raised by the use of other substances listed in Article 57(a) to (e) of that regulation, within the meaning of Article 57(f) thereof.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders PlasticsEurope to bear its own costs and pay those incurred by the European Chemicals Agency (ECHA) and ClientEarth;











3.



Orders the French Republic to bear its own costs.







(1)  OJ C 382, 13.11.2017.