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Case T-94/10: Judgment of the General Court of (Seventh Chamber, Extended Composition) of 7 March 2013 — Rütgers Germany GmbH and Others v ECHA (REACH — Identification of anthracene oil as a substance of very high concern — Actions for annulment — Actionable measure — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Equal treatment — Proportionality)
ECLI:EU:UNKNOWN:62010TA0094
62010TA0094
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Official Journal of the European Union
C 114/30
(Case T-94/10) (<span class="super">1</span>)
(REACH - Identification of anthracene oil as a substance of very high concern - Actions for annulment - Actionable measure - Regulatory act not entailing implementing measures - Direct concern - Admissibility - Equal treatment - Proportionality)
2013/C 114/47
Language of the case: English
Parties
Applicants: Rütgers Germany GmbH, (Castrop-Rauxel, Germany); Rütgers Belgium NV (Zelzate, Belgium); Deza, a.s., (Valašske Meziříčí, Czech Republic); Industrial Química del Nalón, SA (Oviedo, Spain) and Bilbaí (Castrop-Rauxel, Germany)) (represented by: initially by K. Van Maldegem, R. Cana, lawyers, and P. Sellar, Solicitor, and subsequently by K. Van Maldegem and R. Cana,)
Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä and W. Broere, acting as Agents, assisted by J. Stuyck, lawyer)
Re:
Action for the partial annulment of the decision of the ECHA, published on 13 January 2010, to identify anthracene oil (EC No 292-602-7) as a substance meeting the criteria set out in 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, in accordance with Article 59 of REACH
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders Rütgers Germany GmbH, Rütgers Belgium NV, Deza, a.s., Industrial Química del Nalón, SA and Bilbaína de Alquitranes, SA to pay the costs.
(<span class="super">1</span>) OJ C 113, 1.5.2010.