Official Journal of the European Union

C series

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C/2025/2854

(Case T-9/23)

(Action for annulment - Public health - Biocidal products - Regulation (EU) No 528/2012 - Renewal of the approval of creosote as an active substance for use in biocidal products of product-type 8 - Restrictions on the placing on the market of treated articles - Application for partial annulment of Implementing Regulation (EU) 2022/1950 - Contested provisions not severable from the rest of the act - Inadmissibility)

(C/2025/2854)

Language of the case: English

Parties

Applicants: Koppers Denmark ApS (Nyborg, Denmark) and the nine other applicants whose names are listed in the annex to the judgment (represented by: R. Cana, E. Mullier and E. Lupo, lawyers)

Defendant: European Commission (represented by: B. De Meester and R. Lindenthal, acting as Agents)

Interveners in support of the defendant: French Republic (represented by: B. Fodda, acting as Agent), Kingdom of the Netherlands (represented by: M. Bulterman, C. Schillemans and A. Hanje, acting as Agents), European Chemicals Agency (represented by: M. Heikkilä, C. Buchanan and N. Knight, acting as Agents)

Re:

By their action under Article 263 TFEU, the applicants seek the annulment in part of Commission Implementing Regulation (EU) 2022/1950 of 14 October 2022 renewing the approval of creosote as an active substance for use in biocidal products of product-type 8 in accordance with Regulation (EU) No 528/2012 of the European Parliament and of the Council (OJ 2022 L 269, p. 1).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Koppers Denmark ApS and the other applicants whose names are listed in the annex to bear their own costs and to pay those incurred by the European Commission;

3.Declares that the Republic of France, the Kingdom of the Netherlands and the European Chemicals Agency (ECHA) are to bear their own costs.

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(1) OJ C 179, 22.5.2023.

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ELI: http://data.europa.eu/eli/C/2025/2854/oj

ISSN 1977-091X (electronic edition)

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