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Case T-70/22: Judgment of the General Court of 8 March 2023 — Novasol v ECHA (REACH — Fee payable for registration of a substance — Reduction granted to SMEs — Verification by ECHA of the declaration relating to the size of the enterprise — Request for evidence demonstrating the status of a SME — Refusal to provide certain information — Decision ordering the recovery of the uncollected amount of the total fees payable and imposing an administrative charge — Concept of ‘related undertaking’ — Recommendation 2003/361/EC — Obligation to state reasons)
ECLI:EU:UNKNOWN:62022TA0070
62022TA0070
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Official Journal of the European Union
C 155/52
(Case T-70/22) (<span class="oj-super oj-note-tag">1</span>)
(REACH - Fee payable for registration of a substance - Reduction granted to SMEs - Verification by ECHA of the declaration relating to the size of the enterprise - Request for evidence demonstrating the status of a SME - Refusal to provide certain information - Decision ordering the recovery of the uncollected amount of the total fees payable and imposing an administrative charge - Concept of ‘related undertaking’ - Recommendation 2003/361/EC - Obligation to state reasons)
(2023/C 155/67)
Language of the case: French
Parties
Applicant: Novasol (Kraainem, Belgium) (represented by: C. Alter and G. Bouton, lawyers)
Defendant: European Chemicals Agency (ECHA) (represented by: F. Becker, S. Mahoney and M. Heikkilä, acting as Agents, and by A. Guillerme, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of decision SME D (2021) 8531-DC of the European Chemicals Agency (ECHA) of 25 November 2021, finding that the applicant had failed to adduce the evidence necessary to benefit from the fee reduction provided for medium-sized enterprises and therefore requesting that the applicant pay the difference between the amount of the fee that it had already paid and the amount of the fee applicable to large enterprises, together with an administrative fee in the amount of EUR 19 900.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Novasol to pay the costs.
(<span class="oj-super">1</span>) OJ C 138, 28.3.2022.