Judgment of the General Court of 30 April 2015 — Polynt and Sitre v ECHA
(Case T-134/13) 1
(REACH — Identification of certain respiratory sensitisers as substances of very high concern — Equivalent level of concern — Action for annulment — Whether directly concerned — Admissibility — Rights of the defence — Proportionality)
Language of the case: English
Parties
Applicants: Polynt SpA (Scanzorosciate, Italy); and Sitre Srl (Milan, Italy) (represented by: C. Mereu and K. Van Maldegem, lawyers)
Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä, W. Broere and T. Zbihlej, acting as Agents)
Interveners in support of the applicants: New Japan Chemical (Osaka, Japan); and REACh ChemAdvice GmbH (Kelkheim, Germany) (represented by: C. Mereu and K. Van Maldegem)
Interveners in support of the defendant: Kingdom of the Netherlands (represented by: B. Koopman, M. Bulterman and C. Schillemans, acting as Agents); and European Commission (represented by: K. Mifsud-Bonnici and K. Talabér-Ritz, acting as Agents)
Re:
Application for annulment in part of Decision ED/169/2012 of the ECHA of 18 December 2012 concerning the inclusion of substances of very high concern in the list of candidate substances, in accordance with Article 59 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), in so far as it concerns cyclohexane-1,2-dicarboxylic anhydride (EC No 201-604-9), cis-cyclohexane-1,2-dicarboxylic anhydride (EC No 236-086-3) and trans-cyclohexane-1,2-dicarboxylic anhydride (EC No 238-009-9).
Operative part of the judgment
The Court:
Dismisses the action;
Orders Polynt SpA and Sitre Srl to bear their own costs and to pay those incurred by the European Chemicals Agency (ECHA);
Orders the Kingdom of the Netherlands, the European Commission, New Japan Chemical and REACh ChemAdvice GmbH to bear their own costs.
________________________1 OJ C 129, 4.5.2013.