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Case T-639/20: Judgment of the General Court of 5 July 2023 — TIB Chemicals v Commission (Environment and protection of human health — Regulation (EC) No 1272/2008 — Classification, labelling and packaging of substances and mixtures — Delegated Regulation (EU) 2020/1182 — Classification of dioctyltin dilaurate [1]; stannane, dioctyl-, bis (coco acyloxy) derivs. [2] — Read-across — Burden of proof — Manifest error of assessment — Impact assessment)
ECLI:EU:UNKNOWN:62020TA0639
62020TA0639
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21.8.2023
Official Journal of the European Union
C 296/26
(Case T-639/20) (<span class="oj-super oj-note-tag">1</span>)
(Environment and protection of human health - Regulation (EC) No 1272/2008 - Classification, labelling and packaging of substances and mixtures - Delegated Regulation (EU) 2020/1182 - Classification of dioctyltin dilaurate [1]; stannane, dioctyl-, bis (coco acyloxy) derivs. [2] - Read-across - Burden of proof - Manifest error of assessment - Impact assessment)
(2023/C 296/28)
Language of the case: English
Parties
Applicant: TIB Chemicals AG (Mannheim, Germany) (represented by: K. Fischer, lawyer)
Defendant: European Commission (represented by: R. Lindenthal, S. Delaude and A. Dawes, acting as Agents)
Interveners in support of the defendant: Republic of Austria (represented by: J. Schmoll, acting as Agent), Kingdom of Sweden (represented by: O. Simonsson, C. Meyer-Seitz, A. Runeskjöld, H. Shev, M. Salborn Hodgson, H. Eklinder and R. Shahsavan Eriksson, acting as Agents), European Chemicals Agency (ECHA), (represented by: M. Heikkilä, J.-P. Trnka and A. Deloff-Bialek, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks the partial annulment of Commission Delegated Regulation (EU) 2020/1182 of 19 May 2020 amending, for the purposes of its adaptation to technical and scientific progress, Part 3 of Annex VI to Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (OJ 2020 L 261, p. 2; ‘the contested regulation’), in so far as it concerns the substance dioctyltin dilaurate; [1] stannane, dioctyl-, bis(coco acyloxy) derivs. [2] (EC No 222-883-3 [1] 293-901-5 [2] and CAS No 3648-18-8 [1] 91648-39-4 [2]).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders TIB Chemicals AG to bear its own costs and to pay those incurred by the European Commission;
3.Orders the Republic of Austria, the Kingdom of Sweden and the European Chemicals Agency (ECHA) to bear their own costs.
(<span class="oj-super">1</span>) OJ C 433, 14.12.2020.