Case C-353/23 P: Judgment of the Court (Tenth Chamber) of 27 February 2025 – Nouryon Performance Formulations BV, formerly Nouryon Industrial Chemicals BV v European Commission and Others (Appeal – Regulation (EC) No 1907/2006 (REACH Regulation) – Evaluation of registration dossiers – Request for further studies for the purposes of the evaluation of the registration dossier for dimethyl ether – Decision addressed to the registrant and contested by it before the General Court of the European Union – Subsequent replacement of the registrant at the European Chemicals Agency (ECHA) – Appeal brought by the new registrant – Article 56 of the Statute of the Court of Justice of the European Union – Appeal brought by an entity which was not a party to the proceedings before the General Court – Inadmissibility)
Date: 2025-02-27
Institutions: Court of Justice
Subjects: animal experimentation, chemical product, chemicals legislation, market approval, research method, right to justice, toxic substance








C_202502047EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/2047


14.4.2025






Judgment of the Court (Tenth Chamber) of 27 February 2025 – Nouryon Performance Formulations BV, formerly Nouryon Industrial Chemicals BV v European Commission and Others


(Case C-353/23 P)
                (1)

(Appeal - Regulation (EC) No 1907/2006 (REACH Regulation) - Evaluation of registration dossiers - Request for further studies for the purposes of the evaluation of the registration dossier for dimethyl ether - Decision addressed to the registrant and contested by it before the General Court of the European Union - Subsequent replacement of the registrant at the European Chemicals Agency (ECHA) - Appeal brought by the new registrant - Article 56 of the Statute of the Court of Justice of the European Union - Appeal brought by an entity which was not a party to the proceedings before the General Court - Inadmissibility)
(C/2025/2047)
Language of the case: English

Parties


Appellant: Nouryon Performance Formulations BV, formerly Nouryon Industrial Chemicals BV (represented initially by R. Cana, avocate, Z. Romata, Solicitor, R. Spangenberg and H. Widemann, avocats, and subsequently by R. Cana, avocate, Z. Romata, Solicitor, and R. Spangenberg, avocat, and lastly by R. Cana, avocate, and Z. Romata, Solicitor)

Other parties to the proceedings: Knoell NL BV, Grillo-Werke AG (represented by: R. Cana, avocate, Z. Romata, Solicitor, and R. Spangenberg, avocat), PCC Trade & Services GmbH, Nouryon Industrial Chemicals BV, European Commission (represented by: R. Lindenthal and K. Mifsud-Bonnici, acting as Agents), Kingdom of Denmark, Kingdom of the Netherlands (represented by: M.K. Bulterman and A. Hanje, acting as Agents), Kingdom of Sweden, European Chemicals Agency (ECHA) (represented by: W. Broere, M. Heikkilä and N. Herbatschek, acting as Agents)

Intervener in support of the appellant: Cruelty Free Europe (CFE) (represented by: V. McClelland and S. Vandamme, advocaten)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Nouryon Performance Formulations BV to bear its own costs and to pay those incurred by the European Commission and by the European Chemicals Agency (ECHA);










3.


Orders Cruelty Free Europe (CFE), Knoell NL BV, Grillo-Werke AG and the Kingdom of the Netherlands to bear their own costs.






(1)  OJ C C/2023/1429.


ELI: http://data.europa.eu/eli/C/2025/2047/oj
ISSN 1977-091X (electronic edition)