CELEX: 62021CN0144
Language: en
Date: 2021-03-05 00:00:00
Title: Case C-144/21: Action brought on 5 March 2021 — European Parliament v European Commission

3.5.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 163/22
            
         
      Action brought on 5 March 2021 — European Parliament v European Commission
      (Case C-144/21)
      (2021/C 163/27)
      Language of the case: English
      
         Parties
      
      
         Applicant: European Parliament (represented by: L. Visaggio, C. Ionescu Dima, M. Menegatti, Agents)
      
         Defendant: European Commission
      
         The applicant claims that the Court should:
      
      
                  —
               
               
                  annul Articles 1(1) and (5), 2, 3, 4, 5, 7, 9 and 10 inasmuch as they concern the authorisations relating to uses 2, 4 and 5 (and use 1, in relation to the formulation of mixtures for uses 2, 4 and 5) and bearing numbers REACH/20/18/0 to REACH/20/18/27 of Commission Implementing Decision C(2020) 8797 of 18 December 2020 partially granting an authorisation for certain uses of chromium trioxide under Regulation (EC) No 1907/2006 (1) of the European Parliament and of the Council (Chemservice GmbH and others);
               
            
                  —
               
               
                  in the alternative, annul Commission Implementing Decision C(2020)8797 of 18 December 2020 in its entirety;
               
            
                  —
               
               
                  order the Commission to pay the costs.
               
            
         Pleas in law and main arguments
      
      In support of its action, the applicant relies on a single plea in law, alleging that the contested decision has been adopted in breach of the requirements laid down in Article 60(4) and (7) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council and should therefore be annulled inasmuch as it concerns the authorisation for uses 2, 4 and 5 (and use 1, in relation to the formulation of mixtures for uses 2, 4 and 5) and bearing numbers REACH/20/18/0 to REACH/20/18/27. In the alternative, should the Court consider that authorisations in the contested decision for use 6 bearing numbers REACH/20/18/28 to REACH/20/18/34 are so inextricably linked to the authorisations for other uses that the authorisations granted for uses 2, 4 and 5 (and use 1, in relation to the formulation of mixtures for uses 2, 4 and 5) are not severable from the contested decision, the applicant considers that the decision should be annulled in its entirety.
      
         (1)  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).