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Case T-639/18: Judgment of the General Court of 16 December 2020 — SGL Carbon v Commission (Non-contractual liability — Environment — Classification, labelling and packaging of certain substances and mixtures — Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance — Sufficiently serious breach of a rule of law intended to confer rights on individuals)
ECLI:EU:UNKNOWN:62018TA0639
62018TA0639
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Official Journal of the European Union
C 44/47
(Case T-639/18) (*)
(Non-contractual liability - Environment - Classification, labelling and packaging of certain substances and mixtures - Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance - Sufficiently serious breach of a rule of law intended to confer rights on individuals)
(2021/C 44/69)
Language of the case: English
Parties
Applicant: SGL Carbon SE (Wiesbaden, Germany) (represented by: K. Van Maldegem, M. Grunchard, S. Saez Moreno and P. Sellar, lawyers)
Defendant: European Commission (represented by: M. Wilderspin, R. Lindenthal and K. Talabér-Ritz, acting as Agents)
Interveners in support of the defendant: Kingdom of Spain (represented by: L. Aguilera Ruiz, acting as Agent), European Chemicals Agency (represented by: M. Heikkilä, W. Broere and T. Zbihlej, acting as Agents)
Re:
Action under Article 268 TFEU seeking compensation for the damage which the applicant claims to have suffered as a result of the adoption of Commission Regulation (EU) No 944/2013 of 2 October 2013 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (OJ 2013 L 261, p. 5), in so far as that regulation classified pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) and Aquatic Chronic 1 (H410) substance.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders SGL Carbon SE to bear its own costs and to pay those incurred by the European Commission;
3.Orders the Kingdom of Spain and the European Chemicals Agency (ECHA) to bear their own costs.
(*)
Language of the case: English.
ECLI:EU:C:2021:140
* * *