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Case C-471/18 P: Appeal brought on 18 July 2018 by the Federal Republic of Germany against the judgment of the General Court (Fifth Chamber) of 8 May 2018 in Case T-283/15, Esso Raffinage v European Chemicals Agency
ECLI:EU:UNKNOWN:62018CN0471
62018CN0471
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Official Journal of the European Union
C 399/21
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(Case C-471/18 P)
(2018/C 399/29)
Language of the case: English
Parties
Appellant: Federal Republic of Germany (represented by: P. Klappich and C. Schmidt, Rechtsanwälte)
Other parties to the proceedings: Esso Raffinage, European Chemicals Agency, French Republic, Kingdom of the Netherlands
Form of order sought
The appellant claims that the Court should:
—set aside the judgment of the General Court of the European Union of 8 May 2018 in Case T-283/15;
—dismiss the action;
—order the applicant to pay the costs incurred before the Court of Justice and the General Court.
Grounds of appeal and main arguments
The appellant bases its appeal on the following grounds:
First, the appellant claims that the General Court erred in law in attributing legal significance to the letter entitled ‘Statement of Non-Compliance following a Dossier Evaluation Decision under Regulation (EC) No 1907/2006’ which ECHA addressed to the French Ministry of Ecology, Sustainable Development, Transport and Housing on 1 April 2015 (‘the letter’) and classifying it as an act which could be the subject of an action for annulment under Article 263 TFEU.
Secondly, the appellant claims that the General Court erred in law in applying Article 42(1) of Regulation (EC) No 1907/2006 and disregarding Article 22(2) of the REACH Regulation.
Thirdly, the appellant does not share the General Court’s view on the general division of areas of competence between Member States and ECHA, according to which ECHA alone is competent to decide whether registration information complies with the REACH requirements.
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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).