EN

Official Journal of the European Union

C 155/67

(Case T-121/23)

(2023/C 155/84)

Language of the case: English

Parties

Applicant: UZ (represented by: H. Estreicher, A. Bartl and M. Escorneboueu, lawyers)

Defendants: European Commission, European Chemicals Agency (ECHA)

Form of order sought

The applicant claims that the Court should:

—declare the application admissible and well-founded;

—annul decision of the European Commission (grow.f.1(2022)9602146) dated 21 December 2022, and the appended report from ECHA, concerning the denial of a request by Concawe, acting on behalf of its members (including the applicant), to reconsider the listing of the substance phenanthrene as a Substance of Very High Concern;

—order the defendants to pay the costs of the proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

1.First plea in law, alleging a manifest error of assessment by the European Commission by not giving a mandate to ECHA to prepare a dossier to re-evaluate the listing of phenanthrene in the Candidate List, despite the fact that both the nature of the new information and the report from ECHA indicated that the new information was relevant for the re-evaluation.

2.Second plea in law, alleging that the Defendants acted ultra vires and/or breached Article 59 REACH by carrying out a definitive re-assessment of phenanthrene delisting, instead of limiting their assessment to the question whether the new information is reliable and relevant for the re-evaluation.