Order of the General Court of 21 September 2011 - Etimine and Etiproducts v ECHA
(Action for annulment - REACH - Identification of boric acid and disodium tetraborate, anhydrous as substances of very high concern - No direct concern - Inadmissibility)
Language of the case: English
Parties
Applicants: Etimine SA (Bettembourg, Luxembourg); and AB Etiproducts Oy (Espoo, Finland) (represented by: C. Mereu and K. Van Maldegem, lawyers)
Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä and W. Broere, Agents and by J. Stuyck and A.-M. Vandromme, lawyers)
Intervener in support of the defendant: European Commission (represented by: P. Oliver and E. Manhaeve, Agents, and by K. Sawyer, Barrister)
Re:
Application for annulment of the decision of the ECHA, published on 18 June 2010, identifying boric acid (EC No 233-139-2) and disodium tetraborate, anhydrous (EC No 215-540-4) as substances meeting 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), and including those substances in the candidate list for eventual inclusion in Annex XIV to Regulation No 1907/2006, in accordance with Article 59 of that regulation.
Operative part of the order
The action is dismissed as inadmissible.
Etimine SA and AB Etiproducts Oy shall bear their own costs and pay those incurred by the European Chemicals Agency (ECHA).
The European Commission shall bear its own costs.
____________1 - OJ C 288, 23.10.2010.