Case T-755/17: Judgment of the General Court of 20 September 2019 –Germany v ECHA (REACH — Evaluation of substances — Benpat — Persistence — ECHA decision requesting further information — Article 51(6) of Regulation (EC) No 1907/2006 — Action brought before the Board of Appeal — Task of the Board of Appeal — Adversarial procedure — Nature of review — Intensity of review — Powers of the Board of Appeal — Article 93(3) of Regulation No 1907/2006 — Conferral of powers on EU agencies — Principle of conferral — Principle of subsidiarity — Proportionality — Obligation to state reasons)
Date: 2019-09-20
Institutions: General Court
Subjects: appeal, chemical compound, chemicals legislation, dangerous substance, principle of proportionality, principle of subsidiarity








C_2019406EN.01002701.xml










2.12.2019   


EN


Official Journal of the European Union


C 406/27






Judgment of the General Court of 20 September 2019 –Germany v ECHA
(Case T-755/17) (1)

(REACH - Evaluation of substances - Benpat - Persistence - ECHA decision requesting further information - Article 51(6) of Regulation (EC) No 1907/2006 - Action brought before the Board of Appeal - Task of the Board of Appeal - Adversarial procedure - Nature of review - Intensity of review - Powers of the Board of Appeal - Article 93(3) of Regulation No 1907/2006 - Conferral of powers on EU agencies - Principle of conferral - Principle of subsidiarity - Proportionality - Obligation to state reasons)
(2019/C 406/35)
Language of the case: German

Parties


Applicant: Federal Republic of Germany (represented: initially by T. Henze and D. Klebs, and subsequently by D. Klebs, Agents)

Defendant: European Chemicals Agency (represented: initially by M. Heikkilä, W. Broere and C. Jacquet, and subsequently by W. Broere, C. Jacquet and L. Bolzonello Agents)

Interveners in support of the defendant: European Commission (represented by: M. Konstantinidis, R. Lindenthal and M. Noll-Ehlers, Agents), and by Envigo Consulting Ltd (Huntingdon, United Kingdom) and Djchem Chemicals Poland S.A. (Wołomin, Poland), (represented by: R. Cana, É. Mullier and H. Widemann, lawyers)

Re:

Action under Article 263 TFEU for the partial annulment of Decision A-026-2015 of the Board of Appeal of the ECHA of 8 September 2017, in so far as it partially annulled the decision of the ECHA of 1 October 2015 requiring the conduct of further testing concerning the substance benpat (CAS 68953-84-4).

Operative part of the judgment

The Court:






1.



Annuls Decision A-026-2015 of the Board of Appeal of the European Chemicals Agency (ECHA) of 8 September 2017, in so far as, in point 3 of the operative part of that decision, the Board of Appeal decided that the claim concerning bioaccumulation in the statement of reasons for the ECHA decision of 1 October 2015 requiring additional testing concerning the substance benpat (CAS 68953-84-4) should be deleted;











2.



Dismisses the action as to the remainder;











3.



Orders the Federal Republic of Germany to bear its own costs, the costs incurred by the ECHA, and those incurred by Envigo Consulting Ltd and Djchem Chemicals Poland S.A.;











4.



Orders the European Commission to pay its own costs.







(1)  OJ C 32, 29.1.2018.