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Case T-669/15: Action brought on 09 October 2015 — Lysoform Dr. Hans Rosemann e.a. v ECHA
ECLI:EU:UNKNOWN:62015TN0669
62015TN0669
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8.2.2016
EN
Official Journal of the European Union
C 48/80
(Case T-669/15)
(2016/C 048/88)
Language of the case: English
Parties
Applicants: Lysoform Dr. Hans Rosemann GmbH (Berlin, Germany), Ecolab Deutschland GmbH (Monheim, Germany), Schülke & Mayr GmbH (Norderstedt, Germany), Diversey Europe Operations BV (Amsterdam, Netherlands) (represented by: K. Van Maldegem, M. Grunchard, lawyers, and P. Sellar, Solicitor)
Defendant: European Chemicals Agency (ECHA)
Form of order sought
The applicants claim that the Court should:
—declare the appeal admissible and well-founded;
—annul the decision of the European Chemicals Agency concerning the inclusion of the company BASF on the list of active substances and suppliers provided by Article 95 of Regulation (EU) No 528/2012 (<a id="ntc1-C_2016048EN.01008001-E0001" href="#ntr1-C_2016048EN.01008001-E0001"> (1)</a>); and
—order ECHA to pay the costs of these proceedings.
Pleas in law and main arguments
The applicants submit that, by allowing a company to be included on the list provided by Article 95 of Regulation (EU) No 528/2012 in respect of a given substance, ECHA has failed to apply the law. Its failures in that regard are founded on three pleas in law.
1.First plea in law, alleging that ECHA has misapplied the rules regarding the requirement that the company submit a complete dossier under Article 95(1) of Regulation (EU) No 528/2012.
2.Second plea in law, alleging that ECHA has treated companies, which were in the same situation, differently.
3.Third plea in law, alleging that contrary to the requirements of Regulation (EU) No 528/2012, ECHA has failed to ensure that there is a level playing field between those companies that have participated in the review programme of the given substance and those that have been free-riders.
Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (<a href="./../../../../legal-content/EN/AUTO/?uri=OJ:L:2012:167:TOC">OJ L 167, p. 1</a>).
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