Official Journal of the European Union

C series

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C/2024/6064

21.10.2024

(Joined Cases C-256/23 and C-290/23,

(*1)

(Reference for a preliminary ruling - Article 299 TFEU - Regulation (EC) No 1907/2006 - Registration, evaluation, authorisation and restriction of chemicals (REACH) - Article 94(1) - Regulation (EC) No 340/2008 - First subparagraph of Article 11(3) and third subparagraph of Article 13(4) - Fees due to the European Chemicals Agency (ECHA) - Fee for registration of a substance - Reduction granted to small and medium-sized enterprises (SMEs) - Verification by ECHA of the declaration relating to the size of the enterprise in question - Failure to provide certain information within the prescribed period - ECHA decision demanding payment of the full fee in question and imposing an administrative charge - Enforcement - Possibility for ECHA to bring an action before a national court in order to obtain payment of that administrative charge)

(C/2024/6064)

Language of the case: German

Referring courts

Parties to the main proceedings

Applicant: European Chemicals Agency (ECHA)

Defendants: Hallertauer Hopfenveredelungsges. m.b.H. (C-256/23), B. GmbH (C-290/23)

Intervening party: Regierung von Niederbayern (C-256/23)

Operative part of the judgment

1.Article 94(1) 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, as amended by Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008, must be interpreted as meaning that the European Chemicals Agency (ECHA) may not bring an action before the EU judicature seeking enforcement of a pecuniary obligation imposed on a person in a decision taken by that agency.

2.The first paragraph of Article 299 TFEU must be interpreted as meaning that a decision of the European Chemicals Agency (ECHA) imposing, on a person, a pecuniary obligation in connection with an application for registration by that agency of a chemical substance is not enforceable within the meaning of that provision.

3.The second subparagraph of Article 11(3) read in conjunction with the second and third subparagraphs of Article 13(4) of Commission Regulation (EC) No 340/2008 of 16 April 2008 on the fees and charges payable to the European Chemicals Agency pursuant to Regulation No 1907/2006 must be interpreted as meaning that, where the European Chemicals Agency (ECHA) finds that the full fee and an administrative charge are payable where the person concerned who has claimed to be entitled to a reduced fee cannot demonstrate, within the prescribed period, that it is entitled to such a reduction, those provisions do not preclude that EU agency from bringing an enforcement action before the national courts or tribunals seeking to recover the administrative charge concerned if that charge has not been paid within the prescribed period.

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(*1) OJ C 338, 25.9.2023.

ELI: http://data.europa.eu/eli/C/2024/6064/oj

ISSN 1977-091X (electronic edition)

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