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)
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:
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;
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;
Orders the Commission to bear its own costs and to pay those incurred by the Kingdom of Sweden;
Orders the Kingdom of Denmark, the Republic of Finland and the European Parliament to bear their own costs.
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1 OJ C 38, 6.2.2017.