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Case T-400/17: Judgment of the General Court of 24 October 2018 — Deza v Commission (Environment and protection of human health — Regulation (EC) No 1272/2008 — Classification, labelling and packaging of certain substances — Regulation (EU) 2017/776 — Classification of anthraquinone — Substance which is a presumed human carcinogen — Manifest error of assessment — Concept of substance — Legal certainty — Right to property)
ECLI:EU:UNKNOWN:62017TA0400
62017TA0400
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10.12.2018
Official Journal of the European Union
C 445/18
(Case T-400/17) (<span class="super note-tag">1</span>)
((Environment and protection of human health - Regulation (EC) No 1272/2008 - Classification, labelling and packaging of certain substances - Regulation (EU) 2017/776 - Classification of anthraquinone - Substance which is a presumed human carcinogen - Manifest error of assessment - Concept of substance - Legal certainty - Right to property))
(2018/C 445/23)
Language of the case: Czech
Parties
Applicant: Deza, a.s. (Valašské Meziříčí, Czech Republic) (represented by: P. Dejl, lawyer)
Defendant: European Commission (represented by: Z. Malůšková, K. Mifsud-Bonnici and R. Lindenthal, acting as Agents)
Interveners in support of the defendant: Republic of Finland (represented by: S. Hartikainen, acting as Agent), Kingdom of Sweden (represented by: A. Falk, C. Meyer-Seitz, H. Shev, L. Zettergren and A. Alriksson, acting as Agents), European Chemicals Agency (represented by: M. Heikkilä, W. Broere and A. Hautamäki, acting as Agents)
Re:
Application on the basis of Article 263 TFEU seeking the annulment of Commission Regulation (EU) 2017/776 of 4 May 2017 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 2017 L 116, p. 1), in so far as it classifies anthraquinone as a presumed human carcinogen.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Deza, a.s. to bear its own costs and to pay the costs incurred by the European Commission.
3.Orders the Republic of Finland, the Kingdom of Sweden and the European Chemicals Agency (ECHA) to bear their own costs.
(<span class="note">1</span>) OJ C 293, 4.9.2017.