Order of the General Court (Fifth Chamber, Extended Composition) of 24 June 2014 —
PPG and SNF v ECHA
(Case T‑1/10 RENV)
Action for annulment — REACH — Identification of acrylamide as a substance of very high concern — Lack of direct concern — Inadmissibility
1. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Action brought by a European economic interest grouping — Admissibility — Conditions (Art. 263, fourth para., TFEU) (see paras 28-30)
2. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Whether directly concerned — Criteria — Decision of the European Chemicals Agency (ECHA) identifying acrylamide as a substance of very high concern — Action brought by a European economic interest group representing companies producing and importing that substance — Lack of direct concern — Inadmissibility (Art. 263, fourth para., TFEU; European Parliament and Council Regulation No 1907/2006, Arts 1(3), 7, 33, 34(a), 57(a) and (b), and 59, and Annex II, Section 15) (see paras 32, 35, 37-39, 50-53, 56-60)
Re:
| APPLICATION for annulment of the decision of the ECHA identifying acrylamide (EC No 201-173-7) as a substance fulfilling the criteria referred to 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), pursuant to Article 59 of that regulation. |
Operative part
1. | | The action is dismissed as inadmissible. |
2. | | Polyelectrolyte Producers Group GEIE (PPG) and SNF SAS are ordered to bear their own costs and pay those incurred by the European Chemicals Agency (ECHA). |
3. | | SNF is ordered to pay the costs relating to the proceedings for interim measures. |
4. | | The Kingdom of the Netherlands and the European Commission are ordered to bear their own costs. |