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Case T-187/21: Judgment of the General Court of 21 December 2022 — Firearms United Network and Others v Commission (REACH — Regulation (EU) 2021/57 — Updating of Annex XVII to Regulation (EC) No 1907/2006 — Restriction on lead — Use of lead shot for hunting in or around wetlands — Manifest error of assessment — Proportionality — Legal certainty — Presumption of innocence)
ECLI:EU:UNKNOWN:62021TA0187
62021TA0187
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Official Journal of the European Union
C 83/19
(Case T-187/21) (*)
(REACH - Regulation (EU) 2021/57 - Updating of Annex XVII to Regulation (EC) No 1907/2006 - Restriction on lead - Use of lead shot for hunting in or around wetlands - Manifest error of assessment - Proportionality - Legal certainty - Presumption of innocence)
(2023/C 83/22)
Language of the case: Polish
Parties
Applicants: Firearms United Network (Warsaw, Poland), Tomasz Walter Stępień (Żelechów, Poland), Michał Budzyński (Cegłów, Poland), Andrzej Marcjanik (Złotokłos, Poland) (represented by: E. Woźniak, lawyer)
Defendant: European Commission (represented by: K. Herrmann and K. Mifsud-Bonnici, acting as Agents)
Interveners in support of the defendant: Federal Republic of Germany (represented by: J. Möller, acting as Agent), French Republic (represented by: T. Stéhelin and G. Bain, acting as Agents), European Chemicals Agency (represented by: M. Heikkilä, W. Broere and N. Herbatschek, acting as Agents)
Re:
By their action under Article 263 TFEU, the applicants seek the annulment of Commission Regulation (EU) 2021/57 of 25 January 2021 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards lead in gunshot in or around wetlands (OJ 2021 L 24, p. 19).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Firearms United Network and Mr Tomasz Walter Stępień, Mr Michał Budzyński and Mr Andrzej Marcjanik to bear their own costs and to pay the costs incurred by the European Commission, including those relating to the proceedings for interim measures;
3.Orders the Federal Republic of Germany, the French Republic and the European Chemicals Agency (ECHA) to bear their own costs.
(*)
Language of the case: Polish.
ECLI:EU:C:2023:140