CELEX: 62017TA0805
Language: en
Date: 2019-10-03 00:00:00
Title: Case T-805/17: Judgment of the General Court of 3 October 2019 – BASF v ECHA (REACH — Article 11 of Regulation (EC) No 1907/2006 — Article 3(3) of Implementing Regulation (EU) 2016/9 — Requirement for joint submission of data — Joint submission with possibility of a complete opt-out — Administrative practice of ECHA requiring an agreement on the terms for making a joint submission with the lead registrant for a registered substance — Failure to reach an agreement — Dispute resolution mechanism applied by analogy — Decision granting access to a joint submission — Legal basis — Broad discretion of ECHA — Manifest error of assessment — Obligation to state reasons — Legal certainty)

16.12.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 423/33
            
         
      Judgment of the General Court of 3 October 2019 – BASF v ECHA
      (Case T-805/17) (1)
      
      (REACH - Article 11 of Regulation (EC) No 1907/2006 - Article 3(3) of Implementing Regulation (EU) 2016/9 - Requirement for joint submission of data - Joint submission with possibility of a complete opt-out - Administrative practice of ECHA requiring an agreement on the terms for making a joint submission with the lead registrant for a registered substance - Failure to reach an agreement - Dispute resolution mechanism applied by analogy - Decision granting access to a joint submission - Legal basis - Broad discretion of ECHA - Manifest error of assessment - Obligation to state reasons - Legal certainty)
      (2019/C 423/40)
      Language of the case: English
      
         Parties
      
      
         Applicant: BASF SE (Ludwigshafen-am-Rhein, Germany) (represented by: R. Cana, D. Abrahams, E. Mullier and H. Widemann, lawyers)
      
         Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä, C. Jacquet and T. Basmatzi, acting as Agents)
      
         Re:
      
      Action under Article 263 TFEU for the annulment of Decision DSH-30-3-0122-2017 of ECHA of 2 October 2017 granting Sustainability Support Services (Europe) AB access to the joint submission lodged by BASF, as lead registrant for the substance disodium 4,4'-bis[(4-anilino-6-morpholino-1, 3, 5-triazin-2-yl)amino]stilbene-2,2'-disulphonate, EC No 240-245-2 and CAS No 16090-02-1.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  
                     Dismisses the action;
                  
               
            
                  2.
               
               
                  
                     Orders BASF SE and the European Chemicals Agency (ECHA) to bear their own costs.
                  
               
            
         (1)  OJ C 52, 12.2.2018.