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Case T-868/19: Judgment of the General Court of 29 March 2023 — Nouryon Industrial Chemicals and Others v Commission (REACH — Evaluation of registration dossiers and compliance check of information provided by registrants — Request for further studies for the purposes of the registration dossier for dimethyl ether — Pre-natal developmental toxicity study — Extended one-generation reproductive toxicity study — Dose-range finding study — Article 51(7) of Regulation (EC) No 1907/2006 — Animal testing — Article 25 of Regulation No 1907/2006 — Manifest error of assessment — Proportionality)
ECLI:EU:UNKNOWN:62019TA0868
62019TA0868
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22.5.2023
Official Journal of the European Union
C 179/26
(Case T-868/19) (<span class="oj-super oj-note-tag">1</span>)
(REACH - Evaluation of registration dossiers and compliance check of information provided by registrants - Request for further studies for the purposes of the registration dossier for dimethyl ether - Pre-natal developmental toxicity study - Extended one-generation reproductive toxicity study - Dose-range finding study - Article 51(7) of Regulation (EC) No 1907/2006 - Animal testing - Article 25 of Regulation No 1907/2006 - Manifest error of assessment - Proportionality)
(2023/C 179/36)
Language of the case: English
Parties
Applicants: Nouryon Industrial Chemicals BV (Amsterdam, Netherlands), Knoell NL BV (Maarssen, Netherlands), Grillo-Werke AG (Duisburg, Germany), PCC Trade & Services GmbH (Duisburg) (represented by: R. Cana, Z. Romata and H. Widemann, lawyers)
Defendant: European Commission (represented by: R. Lindenthal and K. Mifsud-Bonnici, acting as Agents)
Interveners in support of the defendant: Kingdom of Denmark (represented by: M. Søndahl Wolff, acting as Agent), Kingdom of the Netherlands (represented by: M. Bulterman, A. Hanje and J. Langer, acting as Agents), Kingdom of Sweden (represented by: A. Runeskjöld, C. Meyer-Seitz, M. Salborn Hodgson, H. Shev, H. Eklinder, R. Shahsavan Eriksson and O. Simonsson, acting as Agents), European Chemicals Agency (represented by: M. Heikkilä, W. Broere, S. Mahoney and N. Herbatschek, acting as Agents)
Re:
By their action based on Article 263 TFEU, the applicants seek annulment of Commission Implementing Decision C(2019) 7336 final of 16 October 2019 on the compliance check of a registration of dimethyl ether, adopted on referral by the European Chemicals Agency, on the basis of Article 51(7) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the applicants to bear their own costs and to pay those incurred by the European Commission, including the costs relating to the proceedings for interim relief;
3.Orders the Kingdom of Denmark, the Kingdom of the Netherlands, the Kingdom of Sweden and the European Chemicals Agency (ECHA) to bear their own costs.
(<span class="oj-super">1</span>) OJ C 68, 2.3.2020.