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Case T-661/19: Judgment of the General Court of 10 November 2021 — Sasol Germany and Others v Commission (REACH — Substances of very high concern — Establishment of a list of identified substances with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 — Decision identifying the substance 4-tert-butylphenol as a substance meeting the criteria for inclusion in the list — Article 57 of Regulation (EC) No 1907/2006 — Weight of evidence approach — Manifest error of assessment — Proportionality)

ECLI:EU:UNKNOWN:62019TA0661

62019TA0661

November 10, 2021
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Official Journal of the European Union

C 11/23

(Case T-661/19) (<span class="oj-super oj-note-tag">1</span>)

(REACH - Substances of very high concern - Establishment of a list of identified substances with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 - Decision identifying the substance 4-tert-butylphenol as a substance meeting the criteria for inclusion in the list - Article 57 of Regulation (EC) No 1907/2006 - Weight of evidence approach - Manifest error of assessment - Proportionality)

(2022/C 11/30)

Language of the case: English

Parties

Applicants: Sasol Germany GmbH (Hamburg, Germany), SI Group — Béthune (Béthune, France), BASF SE (Ludwigshafen am Rhein, Germany) (represented by: C. Mereu and P. Sellar, lawyers)

Defendant: European Commission (represented by: R. Lindenthal and K. Mifsud-Bonnici, acting as Agents)

Interveners in support of the defendant: Federal Republic of Germany (represented by: D. Klebs, J. Möller, S. Heimerl and S. Costanzo, acting as Agents), European Chemicals Agency (represented by: M. Heikkilä, W. Broere, S. Mahoney and A. Hautamäki, acting as Agents)

Re:

Application under Article 263 TFEU seeking the annulment of Commission Implementing Decision (EU) 2019/1194 of 5 July 2019 on the identification of 4 tert-butylphenol (PTBP) as a substance of very high concern pursuant to Article 57(f) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (OJ 2019 L 187, p. 41).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Sasol Germany GmbH, SI Group — Béthune and BASF SE to bear their own costs and to pay those incurred by the European Commission;

3.Orders the Federal Republic of Germany and the European Chemicals Agency (ECHA) to bear their own costs.

(<span class="oj-super">1</span>) OJ C 406, 2.12.2019.

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