CELEX: 62018TA0635
Language: en
Date: 2020-12-16 00:00:00
Title: Case T-635/18: Judgment of the General Court of 16 December 2020 — Industrial Química del Nalón v Commission (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)

8.2.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 44/44
            
         
      Judgment of the General Court of 16 December 2020 — Industrial Química del Nalón v Commission
      (Case T-635/18) (1)
      
      (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 44/65)
      Language of the case: English
      
         Parties
      
      
         Applicant: Industrial Química del Nalón, SA (Oviedo, Spain) (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), 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:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders Industrial Química del Nalón, SA, to bear its own costs and to pay those incurred by the European Commission;
               
            
                  3.
               
               
                  Orders the Kingdom of Spain and the European Chemicals Agency (ECHA) to bear their own costs.
               
            
         (1)  OJ C 16, 14.1.2019.