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Case T-185/17: Judgment of the General Court of 11 July 2019 — PlasticsEurope v ECHA (REACH — Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 — Inclusion in that list of Bisphenol A as a substance which is toxic for reproduction — Articles 57 and 59 of Regulation No 1907/2006)

ECLI:EU:UNKNOWN:62017TA0185

62017TA0185

July 11, 2019
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Official Journal of the European Union

C 295/20

(Case T-185/17) (1)

(REACH - Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 - Inclusion in that list of Bisphenol A as a substance which is toxic for reproduction - Articles 57 and 59 of Regulation No 1907/2006)

(2019/C 295/25)

Language of the case: English

Parties

Applicant: PlasticsEurope (Brussels, Belgium) (represented by: R. Cana, É. Mullier and F. Mattioli, lawyers)

Defendant: European Chemicals Agency (represented by: M. Heikkilä, W. Broere and N. Herbatschek, acting as Agents)

Interveners in support of the defendant: French Republic (represented initially by: D. Colas, J. Traband and B. Fodda and subsequently by D. Colas, J. Traband and E. de Moustier, acting as Agents), ClientEarth (London, United Kingdom) (represented by: P. Kirch, lawyer)

Re:

Application under Article 263 TFEU for annulment of ECHA’s decision of 4 January 2017 (ED/01/2017) by which Bisphenol A was included in the list of substances identified for eventual inclusion in Annex XIV to 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 (OJ 2006 L 396, p. 1, corrigendum OJ 2007 L 136, p. 3), as referred to in Article 59(1) of that regulation, on the ground that that substance had been identified as toxic for reproduction within the meaning of Article 57(c) of Regulation No 1907/2006.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders PlasticsEurope to bear its own costs and to pay the costs incurred by the European Chemicals Agency (ECHA) and ClientEarth;

3.Orders the French Republic to bear its own costs.

(1)

Language of the case: English.

ECLI:EU:C:2019:140

15

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