Official Journal of the European Union

C series

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C/2025/4592

(Case T-167/23)

(REACH - Substances of very high concern - Establishment of a candidate list for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 - Decision identifying melamine as a substance meeting the criteria laid down for inclusion in the list - Obligation to state reasons - Right to be heard - Ultra vires - Article 57 of Regulation No 1907/2006 - Manifest error of assessment - Proportionality - Precautionary principle - Misuse of powers)

(C/2025/4592)

Language of the case: English

Parties

Applicants: LAT Nitrogen Piesteritz GmbH, formerly Borealis Agrolinz Melamine Deutschland GmbH (Lutherstadt Wittenberg, Germany), Cornerstone Chemical Co. (Metairie, Louisiana, United States) (represented by: R. Cana, E. Mullier and Z. Romata, lawyers)

Defendant: European Chemicals Agency (represented by: M. Heikkilä, N. Herbatschek and A. Hautamäki, acting as Agents)

Interveners in support of the applicants: Grupa Azoty Zakłady Azotowe Puławy S.A. (Puławy, Poland), OCI Nitrogen BV (Sittard-Geleen, Netherlands), Methanol Holdings (Trinidad) Ltd (Couva, Trinidad and Tobago) (represented by: R. Cana, E. Mullier and Z. Romata, lawyers), Fritz Egger GmbH & Co. OG (St. Johann in Tirol, Austria) and the seven other interveners whose names are set out in the annex to the judgment (represented by: D. Strobl and M. Ahlhaus, lawyers)

Interveners in support of the defendant: Federal Republic of Germany (represented by: J. Möller and N. Scheffel, acting as Agents), European Commission (represented by: D. Milanowska and K. Mifsud-Bonnici, acting as Agents)

Re:

By their action under Article 263 TFEU, the applicants seek the annulment of Decision D(2022)9120-DC of the European Chemicals Agency (ECHA) of 16 December 2022, in so far as that decision identifies melamine as a substance of very high concern for the purposes of 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 (OJ 2006 L 396, p. 1).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders LAT Nitrogen Piesteritz GmbH, formerly Borealis Agrolinz Melamine Deutschland GmbH, and Cornerstone Chemical Co., to bear their own costs and pay those incurred by the European Chemicals Agency (ECHA);

3.Orders the Federal Republic of Germany and the European Commission to bear their own costs;

4.Orders Grupa Azoty Zakłady Azotowe Puławy S.A., OCI Nitrogen BV and Methanol Holdings (Trinidad) Ltd to bear their own costs;

5.Orders Fritz Egger GmbH & Co. OG and the other interveners whose names are set out in the annex to bear their own costs.

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OJ C 179, 22.5.2023.

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ELI: http://data.europa.eu/eli/C/2025/4592/oj

ISSN 1977-091X (electronic edition)

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