26.6.2017

Official Journal of the European Union

C 202/15

(Case T-115/15) (<span class="super note-tag">1</span>)

((REACH - Establishment of a list of substances identified for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 - Supplement to the entry of the substance di-(2-ethylhexyl)phthalate (DEHP) on that list - Articles 57 and 59 of Regulation No 1907/2006))

(2017/C 202/27)

Language of the case: Czech

Parties

Applicant: Deza, a.s. (Valašské Meziříčí, Czech Republic) (represented by: P. Dejl, lawyer)

Defendant: European Chemicals Agency (ECHA) (represented: initially by M. Heikkilä, W. Broere and T. Zbihlej, and subsequently by M. Heikkilä, W. Broere and C. Buchanan, acting as Agents, and by M. Procházka et M. Mašková, lawyers)

Interveners in support of the defendant: Kingdom of Denmark (represented by: C. Thorning and N. Lyshøj Malte, acting as Agents), Kingdom of the Netherlands (represented by: M. Bulterman, B. Koopman and H. Stergiou, acting as Agents), Kingdom of Sweden (represented by: E. Karlsson, L. Swedenborg, A. Falk, C. Meyer-Seitz, U. Persson and N. Otte Widgren, acting as Agents), and Kingdom of Norway (represented by: K. Moen and K. Moe Winther, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking annulment of a decision of 12 December 2014 taken by the Executive Director of ECHA by which the existing entry relating to the substance DEHP on the list of substances identified with a view to their eventual inclusion in Annex XIV to 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 (OJ 2006 L 396, p. 1, corrigendum OJ 2007, L 136, p. 3), was supplemented to the effect that that substance is also identified as a substance with endocrine-disrupting properties and which can have serious effects on the environment, within the meaning of Article 57(f) of that regulation.

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 Chemicals Agency (ECHA), including those incurred in the proceedings for interim measures;

3.Orders the Kingdom of Denmark, the Kingdom of the Netherlands, the Kingdom of Sweden and the Kingdom of Norway to bear their own respective costs.

(<span class="super">1</span>) OJ C 178, 1.6.2015.