Judgment of the General Court of 7 March 2013 - Rütgers Germany and Others v ECHA
(Case T-96/10)
(REACH - Identification of anthracene oil (anthracene paste) 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: Rütgers Germany GmbH (Castrop-Rauxel, Germany), Rütgers Belgium NV(Zelzate, Belgium), Deza, a.s.(Valašske Meziříčí, Czech Republic), Koppers Denmark A/S(Nyborg, Denmark), Koppers UK Ltd(Scunthorpe, United Kingdom) (represented initially by: K. Van Maldegem, R. Cana, lawyers, and P. Sellar, Solicitor, and subsequently by Van Maldegem and Cana)
Defendant: 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, to identify anthracene oil (anthracene paste) (EC No 292-603-2) 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, in accordance with Article 59 of REACH.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Rütgers Germany GmbH, Rütgers Belgium NV, Deza, a.s., Koppers Denmark A/S and Koppers UK Ltd to pay the costs.
____________1 - OJ C 113, 1.5.2010.