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Case T-96/10: Judgment of the General Court of 7 March 2013 — Rütgers Germany and Others v ECHA (REACH — Identification of anthracene oil (anthracene paste) as a substance of very high concern — Actions for annulment — Actionable measure — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Equal treatment — Proportionality)
ECLI:EU:UNKNOWN:62010TA0096
62010TA0096
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Official Journal of the European Union
C 114/31
(Case T-96/10)(REACH - Identification of anthracene oil (anthracene paste) as a substance of very high concern - Actions for annulment - Actionable measure - Regulatory act not entailing implementing measures - Direct concern - Admissibility - Equal treatment - Proportionality)
2013/C 114/49
Language of the case: English
Parties
Applicants: Rütgers Germany GmbH (Castrop-Rauxel, Germany), Rütgers Belgium NV(Zelzate, Belgium), Deza, a.s.(Valašske Meziříčí, Czech Republic), Koppers Denmark A/S(Nyborg, Denmark), Koppers UK Ltd(Scunthorpe, United Kingdom) (represented initially by: K. Van Maldegem, R. Cana, lawyers, and P. Sellar, Solicitor, and subsequently by Van Maldegem and Cana)
Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä and W. Broere, acting as Agents, assisted by J. Stuyck, lawyer)
Re:
Action for the partial annulment of the decision of the ECHA, published on 13 January 2010, to identify anthracene oil (anthracene paste) (EC No 292-603-2) as a substance meeting the criteria set out in Article 57 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, in accordance with Article 59 of REACH.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Rütgers Germany GmbH, Rütgers Belgium NV, Deza, a.s., Koppers Denmark A/S and Koppers UK Ltd to pay the costs.
* Language of the case: English.
(1) OJ C 113, 1.5.2010.