CELEX: 62010TA0095
Language: en
Date: 2013-03-07 00:00:00
Title: Case T-95/10: Judgment of the General Court of 7 March 2013 — Cindu Chemicals and Others v ECHA (REACH — Identification of anthracene oil, anthracene low 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 114/31
            
         Judgment of the General Court of 7 March 2013 — Cindu Chemicals and Others v ECHA
   (Case T-95/10) (1)
   
   (REACH - Identification of anthracene oil, anthracene low 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 114/48
   Language of the case: English
   
      Parties
   
   
      Applicants: Cindu Chemicals BV (Uithoorn, Netherlands), Deza, a.s. (Valašske Meziříčí, Czech Republic), Koppers Denmark A/S (Nyborg, Denmark) and Koppers UK Ltd (Scunthorpe, United Kingdom) (represented 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)
   Intervener in support of the defendant: European Commission (represented initially by: P. Oliver and G. Wilms, subsequently by P. Oliver and E. Manhaeve, acting as Agents, assisted by K. Sawyer, barrister, and thereafter by P. Oliver and E. Manhaeve)
   
      Re:
   
   Action for the partial annulment of the decision of the ECHA, published on 13 January 2010, to identify anthracene oil, anthracene low (EC No 292-604-8) 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 Cindu Chemicals BV, Deza, a.s., Koppers Denmark A/S and Koppers UK Ltd to pay, in addition to their own costs, the costs incurred by the European Chemicals Agency (ECHA);
            
         
               3.
            
            
               Declares that the European Commission is to bear its own costs.
            
         
      (1)  OJ C 113, 1.5.2010.