Judgment of the General Court of 2 October 2014 — Spraylat v ECHA
(Case T-177/12) 1
(REACH — Fee for registration of a substance — Reduction granted to micro-, small and medium-sized enterprises — Error in declaration relating to the size of the enterprise — Decision imposing an administrative charge — Proportionality)
Language of the case: German
Parties
Applicant: Spraylat GmbH (Aachen, Germany) (represented by: K. Fischer, lawyer)
Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä, A. Iber and C. Schultheiss, Agents, and M. Kuschewsky, lawyer)
Intervener in support of the defendant: European Commission (represented initially by: D. Düsterhaus and E. Manhaeve, and subsequently by B. Eggers and M. Manhaeve, Agents)
Re:
Action for annulment of invoice No 10030371 issued by the ECHA on 21 February 2012 setting the amount of the administrative charge imposed on the applicant and a precautionary application to annul Decision SME (2012) 1445 of the ECHA of 15 February 2012 which states that the applicant does not fulfil the conditions to receive a reduction of the fee for small enterprises and imposing an administrative charge on it.
Operative part of the judgment
The Court:
Annuls Decision SME (2012) 1445 of the European Chemicals Agency (ECHA) of 15 February 2012 and invoice No 10030371 issued by the ECHA on 21 February 2012;
Orders the ECHA to bear its own costs and to pay those incurred by Spraylat GmbH;
Orders the European Commission to bear its own costs.
________________________1 OJ C 174, 16.6.2012.