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Case T-449/22: Judgment of the General Court of 27 November 2024 – Evonik Operations v Commission (Environment and protection of human health – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of certain substances and mixtures – Delegated Regulation (EU) 2022/692 – Harmonised classification and labelling of the substance silanamine, 1,1,1-trimethyl-N-(trimethylsilyl)-, hydrolysis products with silica; pyrogenic, synthetic amorphous, nano, surface treated silicon dioxide – Criteria for classification of a substance in the hazard class Specific target organ toxicity-repeated exposure – Appropriateness of the classification – Absence of public consultation on the opinion of ECHA’s Committee for Risk Assessment – Interinstitutional Agreement on Better Law-Making – Absence of impact assessment)
ECLI:EU:UNKNOWN:62022TA0449
62022TA0449
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Official Journal of the European Union
C series
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C/2025/546
3.2.2025
(Case T-449/22)
(Environment and protection of human health - Regulation (EC) No 1272/2008 - Classification, labelling and packaging of certain substances and mixtures - Delegated Regulation (EU) 2022/692 - Harmonised classification and labelling of the substance silanamine, 1,1,1-trimethyl-N-(trimethylsilyl)-, hydrolysis products with silica; pyrogenic, synthetic amorphous, nano, surface treated silicon dioxide - Criteria for classification of a substance in the hazard class ‘Specific target organ toxicity-repeated exposure’ - Appropriateness of the classification - Absence of public consultation on the opinion of ECHA’s Committee for Risk Assessment - Interinstitutional Agreement on Better Law-Making - Absence of impact assessment)
(C/2025/546)
Language of the case: English
Parties
Applicant: Evonik Operations GmbH (Essen, Germany) (represented by: T. Delille and N. Kuśnierkiewicz, lawyers)
Defendant: European Commission (represented by: M. Farley and R. Lindenthal, acting as Agents)
Intervener in support of the defendant: European Chemicals Agency (represented by: W. Broere and J.-P. Trnka, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of Commission Delegated Regulation (EU) 2022/692 of 16 February 2022 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 2022 L 129, p. 1) in so far as it concerns the harmonised classification and labelling of the substance silanamine, 1,1,1-trimethyl-N-(trimethylsilyl)-, hydrolysis products with silica; pyrogenic, synthetic amorphous, nano, surface treated silicon dioxide.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Evonik Operations GmbH to bear its own costs and to pay those incurred by the European Commission;
3.Orders the European Chemicals Agency (ECHA) to bear its own costs.
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(1)
OJ C 380, 3.10.2022.
ELI: http://data.europa.eu/eli/C/2025/546/oj
ISSN 1977-091X (electronic edition)
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