CELEX: 62016TA0837
Language: en
Date: 2019-03-07 00:00:00
Title: Case T-837/16: Judgment of the General Court of 7 March 2019 — Sweden v Commission (REACH — Commission decision authorising the use of lead sulfochromate yellow and of lead chromate molybdate sulfate red — Article 60(4) and (5) of Regulation (EC) No 1907/2006 — Consideration of the unavailability of alternatives — Error in law)

29.4.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 148/46
            
         
      Judgment of the General Court of 7 March 2019 — Sweden v Commission
      (Case T-837/16) (1)
      
      (REACH - Commission decision authorising the use of lead sulfochromate yellow and of lead chromate molybdate sulfate red - Article 60(4) and (5) of Regulation (EC) No 1907/2006 - Consideration of the unavailability of alternatives - Error in law)
      (2019/C 148/42)
      Language of the case: Swedish
      
         Parties
      
      
         Applicant: Kingdom of Sweden (represented by: initially, A. Falk and F. Bergius, and subsequently, A. Falk, C. Meyer-Seitz, H. Shev and J. Lundberg, acting as Agents)
      
         Defendant: European Commission (represented by: R. Lindenthal, K. Mifsud-Bonnici, K. Simonsson and G. Tolstoy, acting as Agents)
      
         Interveners in support of the applicant: Kingdom of Denmark (represented by: initially, C. Thorning and M. Wolff, and subsequently, M. Wolff and J. Nymann-Lindegren, acting as Agents); Republic of Finland (represented by: S. Hartikainen, acting as Agent); and the European Parliament (represented by: A. Neergaard and A. Tamás, acting as Agents)
      
         Intervener in support of the defendant: European Chemicals Agency (represented by: M. Heikkilä, W. Broere and C. Schultheiss, acting as Agents)
      
         Re:
      
      Application under Article 263 TFEU for annulment of Commission Implementing Decision C(2016) 5644 final of 7 September 2016 granting an authorisation for some uses of lead sulfochromate yellow and of lead chromate molybdate sulfate red under Regulation (EC) No 1907/2006.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  
                     Annuls Commission Implementing Decision C(2016) 5644 final of 7 September 2016 granting an authorisation for some uses of lead sulfochromate yellow and of lead chromate molybdate sulfate red under Regulation (EC) No 1907/2006;
                  
               
            
                  2.
               
               
                  
                     Dismisses the Commission’s application seeking, in the event of the annulment of Commission Implementing Decision C(2016) 5644 final of 7 September 2016, that the effects of that decision be maintained until the Commission is able to review the application for authorisation;
                  
               
            
                  3.
               
               
                  
                     Orders the Commission to bear its own costs and to pay those incurred by the Kingdom of Sweden;
                  
               
            
                  4.
               
               
                  
                     Orders the Kingdom of Denmark, the Republic of Finland and the European Parliament to bear their own costs.
                  
               
            
         (1)  OJ C 38, 6.2.2017.