Judgment of the General Court of (Seventh Chamber, Extended Composition) of 7 March 2013 - Bilbaína de Alquitranes and Others v (ECHA)
(Case T-93/10)
(REACH - Identification of pitch, coal tar, high temperature as a substance of very high concern - Actions for annulment - Actionable measure - Regulatory act not entailing implementing measures - Direct concern - Admissibility - Equal treatment - Proportionality)
Language of the case: English
Parties
Applicants: Bilbaína de Alquitranes (Luchana-Baracaldo, Spain); Cindu Chemicals BV, (Uithoorn, Netherlands); Deza, a.s., (Valašske Meziříčí, Czech Republic); Industrial Química del Nalón, SA, (Oviedo, Spain); Koppers Denmark A/S, (Nyborg, Denmark); Koppers UK Ltd, (Scunthorpe, United Kingdom); Rütgers Germany GmbH, (Castrop-Rauxel, Germany); Rütgers Belgium NV, (Zelzate, Belgium); and Rütgers Poland sp. z o.o., established in Kędzierzyn-Koźle (Poland)) (represented by: initially by K. Van Maldegem, R. Cana, lawyers, and P. Sellar, Solicitor, and subsequently by K. Van Maldegem and R. Cana)
Defendants: European Chemicals Agency (ECHA) (represented by: M. Heikkilä and W. Broere, acting as Agents, assisted by J. Stuyck, lawyer,)
Re:
Action for the partial annulment of the decision of the ECHA published on 13 January 2010 identifying pitch, coal tar, high temperature (EC No 266-028-2) 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 (OJ 2006 L 396, p. 1)
Operative part of the judgment
The Court:
Dismisses the action.
Orders Bilbaína de Alquitranes, SA, Cindu Chemicals BV, Deza, a.s., Industrial Química del Nalón, SA, Koppers Denmark A/S, Koppers UK Ltd, Rütgers Germany GmbH, Rütgers Belgium NV and Rütgers Poland sp. z o.o. to pay the costs.
____________1 - OJ C 113, 1.5.2010.