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Cases where ECHA is a party

Cases where ECHA is a party

Cases where ECHA is a party

This table contains all the court cases closed with a ruling to which ECHA has been a party. Interested parties can easily refer to decisions that may be relevant to them within the scope of ECHA's core activities (REACH, CLP, among others). For some of the cases, there may be a pending appeal or renvoi, which are also listed in the table. The table does not show staff or procurement cases.

The closed court cases have been classified into eight categories:

  1. REACH Candidate List: cases related to the identification of a substance as being of very high concern;
  2. REACH Registration: cases related to the joint submission of data obligation;
  3. REACH Authorisation: cases related to the inclusion of a substance in the Authorisation List (Annex XIV) and authorisation applications;
  4. REACH Restrictions: cases related to the inclusion of a substance in the Restrictions List (Annex XVII)
  5. REACH Evaluation: cases where ECHA has requested information from a registrant under the evaluation procedure (Articles 40, 41 or 46 of REACH);
  6. CLH: cases concerning the harmonisation of classification of a substance;
  7. Biocides: cases concerning biocides;
  8. ATD: cases related to requests for access to documents;
  9. Company size: cases related to company size verification and related charges. 
Related

All the available language versions of the court cases, including those which are pending, can be found at the European Court of Justice website.

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Case number Parties Keywords Main Legal Provisions Procedurally linked cases Date of the ruling
T-245/11 ClientEarth and International Chemical Secretariat v ECHA Access to documents — Regulation (EC) No 1049/2001 — Documents held by ECHA — Documents deriving from a third party — Time-limit for response to an application for access — Refusal of access — Exception relating to protection of the commercial interests of a third party — Exception relating to protection of the decision-making process — Overriding public interest — Environmental information — Emissions into the environment

Art. 39 of TRIPS Agreement;
Art. 2(3), 3(1), 4(1) to (4) of the Aarhus Convention;
Art. 2, 2(3) and 4 of Regulation No 1049/2001;
Art. 2 of Directive 2003/4/EC; Art. 1(1), 6(1) and 118 of REACH;
Art. 1(1) and 6(1) of Regulation No 1367/2006

 23/09/2015
T-189/14 R Deza v ECHA Application for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the ECHA containing information submitted by an undertaking in connection with its application for authorisation to use a chemical substance — Decision to allow a third party access to the documents — Application for suspension of operation — Urgency — Prima facie case — Weighing up of interests Art. 104(2) of the Rules of Procedure T-189/14 25/07/2014
T-189/14 Deza v ECHA Access to documents – Regulation (EC) No 1049/2001 – Environment – Public Health

Art. 4(2) of Regulation No 1049/2001; Art. 4 (3) and 118 of REACH;
Art. 39 of TRIPS Agreement;
Art. 8 of ECHR

 T-189/14 R 13/01/2017
T-762/16 ArcelorMittal, Beval & Differdange S.A. and Thyssenkrupp Steel Europe AG v ECHA Access to documents — Regulation (EC) No 1049/2001 — Documents held by the ECHA — Request relating to documents and to the identity of an initial requestor of access to information of a registrant of substances under Regulation (EC) No 1907/2006 — Partial refusal of access — Withdrawal of the decision refusing access — No need to adjudicate Art. 130 (2) and (7) of the Rules of Procedure; Art. 263 TFEU 15/01/2018