Judgment of the General Court of 7 March 2013 - Cindu Chemicals and Others v ECHA
(Case T-95/10)
(REACH - Identification of anthracene oil, anthracene low 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: Cindu Chemicals BV (Uithoorn, Netherlands), Deza, a.s. (Valašske Meziříčí, Czech Republic), Koppers Denmark A/S (Nyborg, Denmark) and Koppers UK Ltd (Scunthorpe, United Kingdom) (represented initially by: K. Van Maldegem, R. Cana, lawyers, and P. Sellar, Solicitor, and subsequently by K. Van Maldegem and R. Cana)
Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä and W. Broere, acting as Agents, assisted by J. Stuyck, lawyer)
Intervener in support of the defendant : European Commission (represented initially by: P. Oliver and G. Wilms, subsequently by P. Oliver and E. Manhaeve, acting as Agents, assisted by K. Sawyer, barrister, and thereafter by P. Oliver and E. Manhaeve)
Re:
Action for the partial annulment of the decision of the ECHA, published on 13 January 2010, to identify anthracene oil, anthracene low (EC No 292-604-8) 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, in accordance with Article 59 of REACH.
Operative part of the judgment
The Court:
Dismisses the action
Orders Cindu Chemicals BV, Deza, a.s., Koppers Denmark A/S and Koppers UK Ltd to pay, in addition to their own costs, the costs incurred by the European Chemicals Agency (ECHA);
Declares that the European Commission is to bear its own costs.
____________1 - OJ C 113, 1.5.2010.