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Cases where ECHA is a party
Cases where ECHA is a party
This table contains all the court cases closed with a ruling to which ECHA has been a party. Interested parties can easily refer to decisions that may be relevant to them within the scope of ECHA's core activities (REACH, CLP, among others). For some of the cases, there may be a pending appeal or renvoi, which are also listed in the table. The table does not show staff or procurement cases.
The closed court cases have been classified into eight categories:
- REACH Candidate List: cases related to the identification of a substance as being of very high concern;
- REACH Registration: cases related to the joint submission of data obligation;
- REACH Authorisation: cases related to the inclusion of a substance in the Authorisation List (Annex XIV) and authorisation applications;
- REACH Restrictions: cases related to the inclusion of a substance in the Restrictions List (Annex XVII)
- REACH Evaluation: cases where ECHA has requested information from a registrant under the evaluation procedure (Articles 40, 41 or 46 of REACH);
- CLH: cases concerning the harmonisation of classification of a substance;
- Biocides: cases concerning biocides;
- ATD: cases related to requests for access to documents;
- Company size: cases related to company size verification and related charges.
Case number | Parties | Keywords | Main Legal Provisions | Procedurally linked cases | Date of the ruling |
---|---|---|---|---|---|
T-1/10 R | SNF SAS v ECHA | Proceedings for interim measures – REACH – Identification of acrylamide as a substance of very high concern – Application for suspension of operation of the measure and for interim relief – No urgency | Art. 104(2) of the Rules of Procedure; Art. 34, 57 and 59 of REACH | T-1/10 | 26/03/2010 |
T-343/10 | 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 | Art. 31, 33 and 59 of REACH | T-346/10 | 21/09/2011 |
T-346/10 | Borax Europe v ECHA | Action for annulment – REACH – Identification of boric acid and disodium tetraborate, anhydrous as substances of very high concern – No direct concern – Inadmissibility | Art. 263 of TFEU; Art. 31, 33, 57 and 59 of REACH | T-343/10 | 21/09/2011 |
T-268/10 | PPG and SNF v ECHA | Actions for annulment - REACH - Identification of acrylamide as a substance of very high concern - Time-limit for bringing an action - Inadmissibility | Art. 263 of TFEU; Art. 102 of the Rules of Procedure; Art. 57 of REACH |
Appeal: C-625/11 P Following case: T-268/10 RENV Appeal on the following case: C-650/15 P |
21/09/2011 |
T-1/10 | PPG and SNF v ECHA | Actions for annulment – REACH – Identification of acrylamide as a substance of very high concern – Measure not actionable – Inadmissibility | Art. 57 and 59 of REACH |
|
21/09/2011 |
T-93/10 | Bilbaína de Alquitranes and Others v ECHA | REACH – Identification of pitch, coal tar, high temperature as a substance of very high concern – Actions for annulment – Actionable measure – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Equal treatment – Proportionality | Art. 263 of TFEU; Art. 57 and 59 of REACH |
Appeal: C-287/13 P Related cases: C-288/13 P C-289/13 P C-290/13 P Appeals on the related cases: T-94/10 T-95/10 T-96/10 |
07/03/2013 |
T-94/10 | Rütgers Germany and Others v ECHA | REACH – Identification of anthracene oil as a substance of very high concern – Actions for annulment – Actionable measure – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Equal treatment – Proportionality | Art. 263 of TFEU; Art. 57 and 59 of REACH |
Appeal: C-288/13 P Related cases: T-93/10 T-95/10 T-96/10 Appeals on the related cases: C-287/13 P C-289/13 P C-290/13 P |
07/03/2013 |
T-95/10 | Cindu Chemicals and Others v ECHA | REACH – Identification of anthracene oil, anthracene low as a substance of very high concern – Actions for annulment – Actionable measure – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Equal treatment – Proportionality | Art. 263 of TFEU; Art. 57 and 59 of REACH |
Appeal: C-289/13 Related cases: T-93/10 T-94/10 T-96/10 Appeals on the related cases: C-287/13 P C-288/13 P C-290/13 P |
07/03/2013 |
T-96/10 | Rütgers Germany and Others v ECHA | REACH – Identification of anthracene oil (anthracene paste) as a substance of very high concern – Actions for annulment – Actionable measure – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Equal treatment – Proportionality | Art. 263 of TFEU; Art. 57 and 59 of REACH |
|
07/03/2013 |
C-626/11 P | PPG and SNF v ECHA | Appeal – European Chemicals Agency (ECHA) – Registration, evaluation and authorisation of chemical substances – Regulation (EC) No 1907/2006 (REACH Regulation) – Articles 57 and 59 – Substances subject to authorisation – Identification of acrylamide as a substance of very high concern – Inclusion on the candidate list of substances – Publication of the list on the ECHA website – Action for annulment brought prior to that publication – Admissibility | Art. 57 and 59 of REACH |
|
26/09/2013 |
C-625/11 P | PPG and SNF v ECHA | Appeal – European Chemicals Agency (ECHA) – Registration, evaluation and authorisation of chemical substances – Regulation (EC) No 1907/2006 (REACH Regulation) – Articles 57 and 59 – Substances subject to authorisation – Identification of acrylamide as a substance of very high concern – Inclusion on the candidate list of substances – Publication – Time-limit for instituting proceedings – Article 102(1) of the Rules of Procedure of the General Court – Date from which that time‑limit must be calculated in the case of an action brought against a decision published only on the internet – Legal certainty – Effective judicial protection | Art. 102(1) of the Rules of Procedure; Art. 57 and 59 of REACH |
|
26/09/2013 |
C-287/13 P | Bilbaína de Alquitranes and Others v ECHA | Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Regulation (EC) No 1907/2006 (REACH) — Article 59 and Annex XIII — Identification of pitch, coal tar, high temperature as a substance of very high concern, to be made subject to the authorisation procedure — Equal treatment | Art. 181 of the Rules of Procedure; Art. 59 and Annex XIII of REACH |
|
22/05/2014 |
T-1/10 RENV | PPG and SNF v ECHA | Action for annulment — REACH — Identification of acrylamide as a substance of very high concern — Action for annulment — Lack of direct concern — Inadmissibility | Art. 44 of the Rules of Procedure; Art. 263 of TFEU; Art. 59 of REACH |
Prior cases
Proceedings for interim measures: T-1/10 R Subsequent appeal: C-626/11 P |
24/06/2014 |
C-288/13 P | Rütgers Germany and Others v ECHA | Appeals — Article 181 of the Rules of Procedure of the Court — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 59 and Annex XIII — Identification of anthracene oil as a substance of very high concern, to be made subject to the authorisation procedure — Equal treatment | Art. 181 of the Rules of Procedure; Art. 59 and Annex XIII of REACH |
|
04/09/2014 |
C-289/13 P | Cindu Chemicals and Others v ECHA | Appeals — Article 181 of the Rules of Procedure of the Court — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 59 and Annex XIII — Identification of anthracene oil, anthracene low as a substance of very high concern, to be made subject to the authorisation procedure — Equal treatment | Art. 181 of the Rules of Procedure; Art. 59 and Annex XIII of REACH |
|
04/09/2014 |
C-290/13 P | Rütgers Germany and Others v ECHA | Appeals — Article 181 of the Rules of Procedure of the Court — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 59 and Annex XIII — Identification of anthracene oil (anthracene paste) as a substance of very high concern, to be made subject to the authorisation procedure — Equal treatment | Art. 181 of the Rules of Procedure; Art. 59 and Annex XIII of REACH |
|
04/09/2014 |
T-135/13 | Hitachi Chemical Europe and Others v ECHA | 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 | Art. 14, 44-48, 57 of REACH |
Appeal: C-324/15 P |
30/04/2015 |
T-134/13 | Polynt and Sitre v ECHA | 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 | Art. 14, 57 and 59 of REACH |
Appeak: C-323/15 P |
30/04/2015 |
T-115/15 R | Deza v ECHA | Interim measures — REACH — Entry of the chemical substance di-(2-ethylhexyl)phthalate (DEHP) in the candidate list — Application for suspension of operation — No urgency | Art. 104 (2) of the Rules of Procedure |
Initial case:
Appeal:
|
06/05/2015 |
T-268/10 RENV | PPG and SNF v ECHA | REACH — Identification of acrylamide as a substance of very high concern — Intermediates — Action for annulment — Whether directly concerned — Admissibility — Proportionality — Equal treatment | Art. 263 of TFEU; Art. 2(8)(b), 31(1)(a), 31(9)(a), 57 and 59 of REACH |
Previous case: Initial case: T-268/10 Appeal: C-625/11 P Appeal: C-650/15 P |
25/09/2015 |
C-324/15 P | Hitachi Chemical Europe and Polynt v ECHA | Appeal — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 57(f) — Authorisation — Substances of very high concern — Identification — Equivalent level of concern — Hexahydromethylphthalic anhydride, hexahydro-4-methylphthalic anhydride, hexahydro-1-methylphthalic | Art. 57(f) of REACH |
Initial case: T-135/13 |
15/03/2017 |
C-323/15 P | Polynt v ECHA | Appeal — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 57(f) — Authorisation — Substances of very high concern — Identification — Equivalent level of concern — Cyclohexane-1,2-dicarboxylic anhydride, cis-cyclohexane-1,2-dicarboxylic anhydride and trans-cyclohexane-1,2-dicarboxylic anhydride | Art. 57(f) of REACH |
initial case: T-134/13 |
15/03/2017 |
T-115/15 | Deza v ECHA | REACH - Establishing a candidate list for eventual inclusion in Annex XIV of regulation (EC) n° 1907/2006 – Supplement to the entry of the chemical substance bis(2-ethylhexyl)phthalate (DEHP) in the candidate list – Articles 57 and 59 of regulation n° 1907/2006 | Art. 59 and 57 of REACH; Art. 17 and 47 of the Charter of Fundamental Rights of the EU |
|
11/05/2017 |
C-650/15 P | PPG and SNF v ECHA | Appeal — Regulation (EC) No 1907/2006 (REACH) — Article 57 — Substances of very high concern — Identification — Article 2(8)(b) — Exemption — Article 3(15) — Definition of ‘intermediate’ — Acrylamide | Art. 57, 2(8)(b) and 3(15) of REACH |
Previous cases:
Initial case:
Appeal:
Initial Case:
|
25/10/2017 |
C-419/17 P | Deza, a.s. v ECHA | Appeal — Regulation (EC) No 1907/2006 (REACH Regulation) — Annex XIV — Establishment of a list of substances subject to authorisation — Inclusion in the list of substances identified for eventual inclusion in Annex XIV — Updating of the entry of the substance bis(2-ethylhexyl)phthalate (DEHP) in the list — Misinterpretation and misapplication of the REACH Regulation and of the principle of legal certainty — Distortion of the facts and evidence — Scope of the review | Article 57 and 59 REACH |
Prior cases:
|
23/01/2019 |
T‑636/17 | PlasticsEurope v ECHA | REACH — Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV of Regulation (EC) No 1907/2006 — Supplement to the entry relating to the substance bisphenol A on that list — Articles 57 and 59 of Regulation No 1907/2006 — Manifest error of assessment — Legal certainty — Legitimate expectations — Proportionality | Articles 57 and 59 of REACH | T-185/17 | 20/09/2019 |
PlasticsEurope v ECHA, French Republic and ClientEarth | REACH — Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 — Inclusion in that list of Bisphenol A as a substance which is toxic for reproduction— Articles 57 and 59 of Regulation No 1907/2006 | Articles 57 and 59 of REACH | T-636-17 | 11/07/2019 | |
T-640/19 | Sasol Germany GmbH and Others v. European Commission (ECHA as intervener) | Action for annulment – REACH – Substances of very high concern – Establishment of a candidate list of substances for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Decision identifying 4-tert-butylphenol as a substance meeting the criteria for inclusion in the list – Objection of inadmissibility – Act not open to challenge – Act merely implementing the decision – No interest in bringing proceedings – Inadmissibility | Art. 263 of TFEU; Annex XIV of REACH | 14/07/2020 | |
PlasticsEurope v ECHA | REACH – Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Supplement to the entry relating to the substance bisphenol A on that list – Articles 57 and 59 of Regulation No 1907/2006 – Manifest error of assessment – Weight of evidence approach – Exploratory studies – Intermediate uses – Proportionality |
Articles 57 and 59 of the REACH Regulation (No 1907/2006) |
16/12/2020 | ||
3M Belgium v ECHA | Action for annulment – REACH – Identification of perfluorobutanesulfonic acid (PFBS) and of its salts as a substance of very high concern – Inclusion in the list of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Time limit for bringing an action – Article 59(10) of Regulation No 1907/2006 – Article 59 of the Rules of Procedure – Inadmissibility |
REACH Regulation No 1907/2006 |
17/03/2021 | ||
Global Silicones Council and Others v ECHA | REACH – Establishment of a list of substances identified for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Entry of octamethylcyclotetrasiloxane (D4), decamethylcyclopentasiloxane (D5) and dodecamethylcyclohexsiloxane (D6) in that list – Articles 57 and 59 of Regulation No 1907/2006 – Annex XIII to Regulation No 1907/2006 – Weight-of-evidence determination – Manifest error of assessment – Proportionality |
Articles 57 and 59 of the REACH Regulation (No 1907/2006), |
30/06/2021 | ||
Sasol Germany and Others v Commission | REACH – Substances of very high concern – Establishment of a list of identified substances with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Decision identifying the substance 4-tert-butylphenol as a substance meeting the criteria for inclusion in the list – Article 57 of Regulation (EC) No 1907/2006 – Weight of evidence approach – Manifest error of assessment – Proportionality |
Article 57 of the REACH Regulation (No 1907/2006) |
10/11/2021 | ||
PlasticsEurope v ECHA | Appeal – Establishment of a list of substances subject to authorisation – List of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Updating of the entry of the substance bisphenol A as a substance of very high concern |
Articles 57 and 59 of the REACH Regulation (No 1907/2006) |
21/12/2021 | ||
Chemours Netherlands v ECHA | REACH – Substances of very high concern – Establishment of a candidate list of substances for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Decision identifying 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts and its acyl halides as a substance fulfilling the criteria laid down for inclusion in the list – Article 57 of Regulation No 1907/2006 – Manifest error of assessment – Proportionality |
Article 57 of the REACH Regulation (No 1907/2006) |
23/02/2022 | ||
Plastics Europe AISBL v ECHA | Appeal – Establishment of a list of substances subject to authorisation – Regulation (EC) No 1907/2006 – Annex XIV – List of substances identified for eventual inclusion in Annex XIV – Updating of the entry of the substance bisphenol A as ‘a substance of very high concern’ |
Articles 2(8)(b), 3(15), 7(2), 17(3), 18(4), 33, 57, 59, Annex XI of the REACH Regulation (No 1907/2006) |
Appeal of Case T-207/18 |
09/03/2023 |