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Case T-630/16: Judgment of the General Court of 16 January 2018 — Dehtochema Bitumat v ECHA (REACH — Fee payable for registration of a substance — Reduction granted to SMEs — Recommendation 2003/361/EC — Notion of linked undertaking — Submission of a ‘Declaration of Wrong Enterprise Size’ — 50 % reduction of the amount of the applicable administrative charge — Authority of the ECHA — Cessation of production of the substance)
ECLI:EU:UNKNOWN:62016TA0630
62016TA0630
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26.2.2018
Official Journal of the European Union
C 72/35
(Case T-630/16) (<span class="super note-tag">1</span>)
((REACH - Fee payable for registration of a substance - Reduction granted to SMEs - Recommendation 2003/361/EC - Notion of linked undertaking - Submission of a ‘Declaration of Wrong Enterprise Size’ - 50 % reduction of the amount of the applicable administrative charge - Authority of the ECHA - Cessation of production of the substance))
(2018/C 072/45)
Language of the case: Czech
Parties
Applicant: Dehtochema Bitumat s. r. o. (Bělá pod Bezdězem, Czech Republic) (represented by: P. Holý, lawyer)
Defendant: European Chemicals Agency (ECHA) (represented initially by J.-P. Trnka, E. Maurage and M. Heikkilä, and subsequently by J.-P. Trnka and M. Heikkilä, acting as Agents)
Re:
Application based on Article 263 TFEU seeking annulment of Decision SME(2016) 3038 of the ECHA of 7 July 2016 which states that the applicant does not fulfil the conditions to receive a reduction of the fee for medium-sized enterprises and imposing an administrative charge on it.
Operative part of the judgment
The Court:
1.Dismisses as inadmissible the application for the suspension of the enforcement of Decision SME(2016) 3038 of the European Chemicals Agency (ECHA) of 7 July 2016;
2.Dismisses the action as to the remainder;
3.Orders Dehtochema Bitumat s. r. o. to pay the costs.
(<span class="note"> <a id="ntr1-C_2018072EN.01003501-E0001" href="#ntc1-C_2018072EN.01003501-E0001">*1</a> </span>) OJ C 402, 31.10.2016.