Judgment of the General Court of 14 November 2013 – International Cadmium Association (ICdA) and Others v European Commission
(Case T-456/11) 1
(REACH – Transitional measures concerning the restrictions on the manufacture, marketing and use of cadmium and its compounds – Annex XVII to Regulation (EC) No 1907/2006 – Restrictions on the use of cadmium pigments in plastic materials – Manifest error of assessment – Risk analysis)
Language of the case: English
Parties
Applicants: International Cadmium Association (ICdA), established in Brussels (Belgium), Rockwood Pigments (UK) Ltd, established in Stoke-on-Trent (United Kingdom), James M Brown Ltd, established in Stoke-on-Trent (represented by: K. Van Maldegem and R. Cana, lawyers, and subsequently by R. Cana,)
Defendant: European Commission (represented: initially by P. Oliver and E. Manhaeve, acting as Agents, assisted by K. Sawyer, barrister, and subsequently by P. Oliver and E. Manhaeve,)
Re:
Application for partial annulment of Commission Regulation (EU) No 494/2011 of 20 May 2011 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XVII (Cadmium) (OJ 2011 L 134, p. 2), in so far as it established restrictions on the use of cadmium in plastic materials other than those in respect of which that use was restricted before the adoption of Regulation No 494/2011
Operative part of the judgment
The Court:
Annuls Commission Regulation (EU) No 494/2011 of 20 May 2011 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XVII (Cadmium) in so far as it restricts the use of cadmium sulpho-selenide orange (No CAS 1256-57-4), cadmium sulpho-selenide red (No CAS 58339-34-7) and cadmium zinc sulphide (No CAS 8048 07-5) in mixtures and articles produced from synthetic organic polymers other than those in respect of which that use was restricted before the adoption of Regulation No 494/2011;
Dismisses the action as to the remainder;
Orders the European Commission to bear 90% of its own costs and to pay 90% of the costs incurred by International Cadmium Association (ICdA), Rockwood Pigments (UK) Ltd and James M Brown Ltd;
Orders ICdA, Rockwood Pigments (UK) and James M Brown to bear 10% of their own costs and to pay 10% of the costs incurred by the Commission.
________________________1 OJ C 298, 8.10.2011.