Case T-640/19: Order of the General Court of 14 July 2020 — Sasol Germany and Others v ECHA (Action for annulment — REACH — Substances of very high concern — Establishment of a candidate list of substances for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 — Decision identifying 4-tert-butylphenol as a substance meeting the criteria for inclusion in the list — Objection of inadmissibility — Act not open to challenge — Act merely implementing the decision — No interest in bringing proceedings — Inadmissibility)
Date: 2020-07-14
Institutions: General Court
Subjects: admissibility, chemicals legislation, dangerous substance, environmental protection, health risk, organic chemical








C_2020348EN.01001601.xml










19.10.2020   


EN


Official Journal of the European Union


C 348/16






Order of the General Court of 14 July 2020 — Sasol Germany and Others v ECHA
(Case T-640/19) (1)

(Action for annulment - REACH - Substances of very high concern - Establishment of a candidate list of substances for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 - Decision identifying 4-tert-butylphenol as a substance meeting the criteria for inclusion in the list - Objection of inadmissibility - Act not open to challenge - Act merely implementing the decision - No interest in bringing proceedings - Inadmissibility)
(2020/C 348/23)
Language of the case: English

Parties


Applicants: Sasol Germany GmbH (Hamburg, Germany), SI Group — Béthune (Béthune, France), BASF SE (Ludwigshafen am Rhein, Germany) (represented by: C. Mereu, P. Sellar and S. Saez Moreno, lawyers)

Defendant: European Chemicals Agency (represented by: M. Heikkilä and W. Broere, acting as Agents, and by S. Raes, lawyer)

Re:

Application under Article 263 TFEU for the partial annulment of Decision ED/71/2019 of ECHA in so far as it includes 4-tert-butyphenol as a substance of very high concern in the list of substances identified 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).

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


There is no longer any need to adjudicate on the applications to intervene of the Federal Republic of Germany, the Kingdom of Sweden and the European Commission.










3.


Sasol Germany GmbH, SI Group — Béthune and BASF SE shall bear their own costs and shall pay the costs incurred by the European Chemicals Agency (ECHA), with the exception of those relating to the applications to intervene.










4.


Sasol Germany GmbH, SI Group — Béthune, BASF SE, the European Chemicals Agency (ECHA), the Federal Republic of Germany, the Kingdom of Sweden and the Commission shall each bear their own costs relating to the applications to intervene.






(1)  OJ C 406, 2.12.2019.