Order of the General Court of 12 October 2016 — Lysoform Dr. Hans Rosemann and Others v ECHA
(Case T-543/15) 1
(Actions for annulment — Inclusion as supplier of an active substance on the list provided for in Article 95 of Regulation (EU) No 528/2012 — Lack of direct concern — Inadmissibility)
Language of the case: English
Parties
Applicants: Lysoform Dr. Hans Rosemann GmbH (Berlin, Germany), Ecolab Deutschland GmbH (Monheim, Germany), Schülke & Mayr GmbH (Norderstedt, Germany) and Diversey Europe Operations BV (Amsterdam, Netherlands) (represented by: K. Van Maldegem, M. Grunchard and P. Sellar, lawyers)
Defendant: European Chemicals Agency (represented by: C. Buchanan, W. Broere and M. Heikkilä, acting as Agents, and by P. Oliver, Barrister)
Re:
Action pursuant to Article 263 TFEU for annulment of the decision of ECHA of 17 June 2015 concerning the inclusion of the company Oxea GmbH, established in Germany, as supplier of an active substance on the list referred to in Article 95(1) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ 2012 L 167, p. 1).
Operative part of the order
1. The action is dismissed as inadmissible.
2. There is no longer any need to adjudicate on the applications to intervene of Oxea GmbH and BASF SE.
3. Lysoform Dr. Hans Rosemann GmbH, Ecolab Deutschland GmbH, Schülke & Mayr GmbH and Diversey Europe Operations BV shall bear their own costs and pay those incurred by the European Chemicals Agency (ECHA) except for those relating to the applications for leave to intervene.
4. Lysoform Dr. Hans Rosemann, Ecolab Deutschland, Schülke & Mayr, Diversey Europe Operations, ECHA, Oxea and BASF shall each bear its own costs relating to the applications for leave to intervene.
____________1 OJ C 406, 7.12.2015.