General Court dismisses an action against an ECHA Board of Appeal decision
On 15 September 2021, the General Court dismissed an action brought by France against the Board of Appeal’s decision in cases A-003-2018, A-004-2018 and 005-2018 annulling, on four separate grounds, ECHA’s decisions on the substance evaluation of three aluminium salts.
In this action, only two of the Board of Appeal’s grounds for annulling ECHA’s decisions were contested. The Court found that either of the other two uncontested grounds for annulment would, on their own, have been sufficient for the Board of Appeal to annul ECHA’s decisions. As a result, a challenge against only two of the grounds could not lead to the annulment of the Board of Appeal’s decision. The Court therefore dismissed the action as ineffective without needing to assess the merits of France’s arguments.
Court judgment in case T-127/20 (in French only) | Board of Appeal’s decision in A-003-2018, A-004-2018 and 005-2018
General Court upholds the non-approval of the biocidal active substance PHMB
On 15 September, in its judgment in cases T-337/18 and T-347/18, the General Court dismissed an action challenging the Commission’s decision non-approving the active substance PHMB (product-types 1, 5 and 6) and the conditional approval of that substance (product-types 2 and 4). The Court found that there had been no procedural errors, no manifest errors of assessment and that the applicant’s right to be heard was respected.
In these two cases, which were the first cases challenging the Commission's active substance decisions under the Biocidal Products Regulation, ECHA acted as an intervener in support of the Commission.
Court judgment in cases T-337/18 and T-347/18
|
