CELEX: 62012TA0177
Language: en
Date: 2014-10-02 00:00:00
Title: Case T-177/12: Judgment of the General Court of 2 October 2014 — Spraylat v ECHA (REACH — Fee for registration of a substance — Reduction granted to micro-, small and medium-sized enterprises — Error in declaration relating to the size of the enterprise — Decision imposing an administrative charge — Proportionality)

10.11.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 395/37
            
         
      Judgment of the General Court of 2 October 2014 — Spraylat v ECHA
      (Case T-177/12) (1)
      
      ((REACH - Fee for registration of a substance - Reduction granted to micro-, small and medium-sized enterprises - Error in declaration relating to the size of the enterprise - Decision imposing an administrative charge - Proportionality))
      (2014/C 395/44)
      Language of the case: German
      
         Parties
      
      
         Applicant: Spraylat GmbH (Aachen, Germany) (represented by: K. Fischer, lawyer)
      
         Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä, A. Iber and C. Schultheiss, Agents, and M. Kuschewsky, lawyer)
      
         Intervener in support of the defendant: European Commission (represented initially by: D. Düsterhaus and E. Manhaeve, and subsequently by B. Eggers and M. Manhaeve, Agents)
      
         Re:
      
      Action for annulment of invoice No 10030371 issued by the ECHA on 21 February 2012 setting the amount of the administrative charge imposed on the applicant and a precautionary application to annul Decision SME (2012) 1445 of the ECHA of 15 February 2012 which states that the applicant does not fulfil the conditions to receive a reduction of the fee for small enterprises and imposing an administrative charge on it.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Annuls Decision SME (2012) 1445 of the European Chemicals Agency (ECHA) of 15 February 2012 and invoice No 10030371 issued by the ECHA on 21 February 2012;
               
            
                  2.
               
               
                  Orders the ECHA to bear its own costs and to pay those incurred by Spraylat GmbH;
               
            
                  3.
               
               
                  Orders the European Commission to bear its own costs.
               
            
         (1)  OJ C 174, 16.6.2012.