Source: EURLEX
Language: en
Format: md

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| 8.2.2021 | EN | Official Journal of the European Union | C 44/45 |

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Judgment of the General Court of 16 December 2020 — Tokai erftcarbon v Commission

(Case T-636/18) [(1)](#ntr1-C_2021044EN.01004501-E0001)

(Non-contractual liability - Environment - Classification, labelling and packaging of certain substances and mixtures - Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance - Sufficiently serious breach of a rule of law intended to confer rights on individuals)

(2021/C 44/66)

Language of the case: English

Parties

Applicant: Tokai erftcarbon GmbH (Grevenbroich, Germany) (represented by: K. Van Maldegem, M. Grunchard, S. Saez Moreno and P. Sellar, lawyers)

Defendant: European Commission (represented by: M. Wilderspin, R. Lindenthal and K. Talabér-Ritz, acting as Agents)

Interveners in support of the defendant: Kingdom of Spain (represented by: L. Aguilera Ruiz, acting as Agent), European Chemicals Agency (represented by: M. Heikkilä and W. Broere, acting as Agents)

Re:

Action under Article 268 TFEU seeking compensation for the damage which the applicant claims to have suffered as a result of the adoption of Commission Regulation (EU) No 944/2013 of 2 October 2013 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ([OJ 2013 L 261, p. 5](./../../../legal-content/EN/AUTO/?uri=OJ:L:2013:261:TOC)), in so far as that regulation classified pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) and Aquatic Chronic 1 (H410) substance.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Tokai erftcarbon GmbH to bear its own costs and to pay those incurred by the European Commission; |

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| 3. | Orders the Kingdom of Spain and the European Chemicals Agency (ECHA) to bear their own costs. |

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