CELEX: 62010TA0094
Language: en
Date: 2013-03-07 00:00:00
Title: Case T-94/10: Judgment of the General Court of (Seventh Chamber, Extended Composition) of 7 March 2013 — Rütgers Germany GmbH and Others v ECHA (REACH — Identification of anthracene oil as a substance of very high concern — Actions for annulment — Actionable measure — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Equal treatment — Proportionality)

20.4.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 114/30
            
         Judgment of the General Court of (Seventh Chamber, Extended Composition) of 7 March 2013 — Rütgers Germany GmbH and Others v ECHA
   (Case T-94/10) (1)
   
   (REACH - Identification of anthracene oil as a substance of very high concern - Actions for annulment - Actionable measure - Regulatory act not entailing implementing measures - Direct concern - Admissibility - Equal treatment - Proportionality)
   2013/C 114/47
   Language of the case: English
   
      Parties
   
   
      Applicants: Rütgers Germany GmbH, (Castrop-Rauxel, Germany); Rütgers Belgium NV (Zelzate, Belgium); Deza, a.s., (Valašske Meziříčí, Czech Republic); Industrial Química del Nalón, SA (Oviedo, Spain) and Bilbaí (Castrop-Rauxel, Germany)) (represented by: initially by K. Van Maldegem, R. Cana, lawyers, and P. Sellar, Solicitor, and subsequently by K. Van Maldegem and R. Cana,)
   
      Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä and W. Broere, acting as Agents, assisted by J. Stuyck, lawyer)
   
      Re:
   
   Action for the partial annulment of the decision of the ECHA, published on 13 January 2010, to identify anthracene oil (EC No 292-602-7) as a substance meeting the criteria set out in Article 57 of 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, in accordance with Article 59 of REACH
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action.
            
         
               2.
            
            
               Orders Rütgers Germany GmbH, Rütgers Belgium NV, Deza, a.s., Industrial Química del Nalón, SA and Bilbaína de Alquitranes, SA to pay the costs.
            
         
      (1)  OJ C 113, 1.5.2010.