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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 Evaluation: cases where ECHA has requested information from a registrant under the evaluation procedure (Articles 40, 41 or 46 of REACH);
  5. CLH: cases concerning the harmonisation of classification of a substance;
  6. Biocides: cases concerning biocides;
  7. ATD: cases related to requests for access to documents;
  8. Company size: cases related to company size verification and related charges. 

ECHA Cases Candidate List

 

Case number Parties Keywords Main Legal Provisions Procedurally linked cases Date of the ruling

T185/17

PlasticsEurope v ECHA, French Republic and ClientEarth REACH — Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 — Inclusion in that list of Bisphenol A as a substance which is toxic for reproduction— Articles 57 and 59 of Regulation No 1907/2006 Articles 57 and 59 of REACH T-636-17 11/07/2019
T636/17 PlasticsEurope v ECHA REACH — Establishment of a list of substances identified with a view to their eventual inclusion in Annex XIV of Regulation (EC) No 1907/2006 — Supplement to the entry relating to the substance bisphenol A on that list — Articles 57 and 59 of Regulation No 1907/2006 — Manifest error of assessment — Legal certainty — Legitimate expectations — Proportionality Articles 57 and 59 of REACH 20/09/2019
C-419/17 P Deza, a.s. v ECHA Appeal — Regulation (EC) No 1907/2006 (REACH Regulation) — Annex XIV — Establishmdent of a list of substances subject to authorisation — Inclusion in the list of substances identified for eventual inclusion in Annex XIV — Updating of the entry of the substance bis(2-ethylhexyl)phthalate (DEHP) in the list — Misinterpretation and misapplication of the REACH Regulation and of the principle of legal certainty — Distortion of the facts and evidence — Scope of the review Article 57 and 59 REACH

Prior cases:
Initial case: T-115/15 R
Proceedings for interim measures: T-115/15 R

23/01/2019
C-650/15 P PPG and SNF v ECHA Appeal — Regulation (EC) No 1907/2006 (REACH) — Article 57 — Substances of very high concern — Identification — Article 2(8)(b) — Exemption — Article 3(15) — Definition of ‘intermediate’ — Acrylamide Art. 57, 2(8)(b) and 3(15) of REACH T-268/10 RENV 25/10/2017
T-115/15 Deza v ECHA REACH - Establishing a candidate list for eventual inclusion in Annex XIV of regulation (EC) n° 1907/2006 – Supplement to the entry of the chemical substance bis(2-ethylhexyl)phthalate (DEHP) in the candidate list – Articles 57 and 59 of regulation n° 1907/2006 Art. 59 and 57 of REACH; Art. 17 and 47 of the Charter of Fundamental Rights of the EU
  1. Prior case
    T-115/15 R
  2. Pending Appeal
    C-419/17 P
11/05/2017
C-323/15 P Polynt v ECHA Appeal — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 57(f) — Authorisation — Substances of very high concern — Identification — Equivalent level of concern — Cyclohexane-1,2-dicarboxylic anhydride, cis-cyclohexane-1,2-dicarboxylic anhydride and trans-cyclohexane-1,2-dicarboxylic anhydride Art. 57(f) of REACH T-134/13 15/03/2017
C-324/15 P Hitachi Chemical Europe and Polynt v ECHA Appeal — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 57(f) — Authorisation — Substances of very high concern — Identification — Equivalent level of concern — Hexahydromethylphthalic anhydride, hexahydro-4-methylphthalic anhydride, hexahydro-1-methylphthalic Art. 57(f) of REACH T-135/13 15/03/2017
T-268/10 RENV PPG and SNF v ECHA REACH — Identification of acrylamide as a substance of very high concern — Intermediates — Action for annulment — Whether directly concerned — Admissibility — Proportionality — Equal treatment Art. 263 of TFEU; Art. 2(8)(b), 31(1)(a), 31(9)(a), 57 and 59 of REACH
  1. Prior cases
    Initial case: 
    T-268/10
    Subsequent appeal:

    C-625/11 P
  2. Appeal
    C-650/15 P
25/09/2015
T-115/15 R Deza v ECHA Interim measures — REACH — Entry of the chemical substance di-(2-ethylhexyl)phthalate (DEHP) in the candidate list — Application for suspension of operation — No urgency Art. 104 (2) of the Rules of Procedure T-115/15 06/05/2015
T-134/13 Polynt and Sitre v ECHA REACH — Identification of certain respiratory sensitisers as substances of very high concern — Equivalent level of concern — Action for annulment — Whether directly concerned — Admissibility — Rights of the defence — Proportionality Art. 14, 57 and 59 of REACH C-323/15 P 30/04/2015
T-135/13 Hitachi Chemical Europe and Others v ECHA REACH — Identification of certain respiratory sensitisers as substances of very high concern — Equivalent level of concern — Action for annulment — Whether directly concerned — Admissibility — Rights of the defence — Proportionality Art. 14, 44-48, 57 of REACH C-324/15 P 30/04/2015
C-290/13 P Rütgers Germany and Others v ECHA Appeals — Article 181 of the Rules of Procedure of the Court — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 59 and Annex XIII — Identification of anthracene oil (anthracene paste) as a substance of very high concern, to be made subject to the authorisation procedure — Equal treatment Art. 181 of the Rules of Procedure; Art. 59 and Annex XIII of REACH
  1. Prior case
    T-96/10
  2. Other cases
    C-287/13 P, C-288/13 P and C-289/13 P
04/09/2014
C-289/13 P Cindu Chemicals and Others v ECHA Appeals — Article 181 of the Rules of Procedure of the Court — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 59 and Annex XIII — Identification of anthracene oil, anthracene low as a substance of very high concern, to be made subject to the authorisation procedure — Equal treatment Art. 181 of the Rules of Procedure; Art. 59 and Annex XIII of REACH
  1. Prior case
    T-95/10
  2. Other cases
    C-287/13 P
    C-288/13 P
    C-290/13 P
04/09/2014
C-288/13 P Rütgers Germany and Others v ECHA Appeals — Article 181 of the Rules of Procedure of the Court — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 59 and Annex XIII — Identification of anthracene oil as a substance of very high concern, to be made subject to the authorisation procedure — Equal treatment Art. 181 of the Rules of Procedure; Art. 59 and Annex XIII of REACH
  1. Prior case
    T-94/10
  2. Other cases
    C-287/13 P, C-289/13 P and C-290/13 P
04/09/2014
T-1/10 RENV PPG and SNF v ECHA Action for annulment — REACH — Identification of acrylamide as a substance of very high concern — Action for annulment — Lack of direct concern — Inadmissibility Art. 44 of the Rules of Procedure; Art. 263 of TFEU; Art. 59 of REACH

Prior cases
Initial case:  T-1/10

Proceedings for interim measures: T-1/10 R

Subsequent appeal: C-626/11 P

24/06/2014
C-287/13 P Bilbaína de Alquitranes and Others v ECHA Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Regulation (EC) No 1907/2006 (REACH) — Article 59 and Annex XIII — Identification of pitch, coal tar, high temperature as a substance of very high concern, to be made subject to the authorisation procedure — Equal treatment Art. 181 of the Rules of Procedure; Art. 59 and Annex XIII of REACH
  1. Prior case
    T-93/10
  2. Other cases
    C-288/13 P
    C-289/13 P
    C-290/13 P
22/05/2014
C-625/11 P PPG and SNF v ECHA Appeal – European Chemicals Agency (ECHA) – Registration, evaluation and authorisation of chemical substances – Regulation (EC) No 1907/2006 (REACH Regulation) – Articles 57 and 59 – Substances subject to authorisation – Identification of acrylamide as a substance of very high concern – Inclusion on the candidate list of substances – Publication – Time-limit for instituting proceedings – Article 102(1) of the Rules of Procedure of the General Court – Date from which that time‑limit must be calculated in the case of an action brought against a decision published only on the internet – Legal certainty – Effective judicial protection Art. 102(1) of the Rules of Procedure; Art. 57 and 59 of REACH
  1. Prior case
    T-268/10
     
  2. Other cases
    Initial case:
    T-268/10 RENV
    Subsequent appeal:
    C-650/15 P
26/09/2013
C-626/11 P PPG and SNF v ECHA Appeal – European Chemicals Agency (ECHA) – Registration, evaluation and authorisation of chemical substances – Regulation (EC) No 1907/2006 (REACH Regulation) – Articles 57 and 59 – Substances subject to authorisation – Identification of acrylamide as a substance of very high concern – Inclusion on the candidate list of substances – Publication of the list on the ECHA website – Action for annulment brought prior to that publication – Admissibility Art. 57 and 59 of REACH
  1. Prior cases
    Initial case: 
    T-1/10
    Proceedings for interim measures:
    T-1/10 R
  2. Other cases
    T-1/10 RENV
26/09/2013
T-96/10 Rütgers Germany and Others v ECHA REACH – Identification of anthracene oil (anthracene paste) as a substance of very high concern – Actions for annulment – Actionable measure – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Equal treatment – Proportionality Art. 263 of TFEU; Art. 57 and 59 of REACH
  1. Appeal
    C-290/13 P
  2. Other cases
    C-287/13 P
    C-288/13 P
    C-289/13 P
    T-93/10
    T-94/10
    T-95/10
07/03/2013
T-95/10 Cindu Chemicals and Others v ECHA REACH – Identification of anthracene oil, anthracene low as a substance of very high concern – Actions for annulment – Actionable measure – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Equal treatment – Proportionality Art. 263 of TFEU; Art. 57 and 59 of REACH
  1. Appeal
    C-289/13 P
  2. Other cases
    C-287/13 P
    C-288/13 P
    C-290/13 P
    T-93/10
    T-94/10
    T-96/10
07/03/2013
T-94/10 Rütgers Germany 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 Art. 263 of TFEU; Art. 57 and 59 of REACH
  1. Appeal
    C-288/13 P
  2. Other cases
    C-287/13 P
    C-289/13 P
    C-290/13 P
    T-93/10
    T-95/10
    T-96/10
07/03/2013
T-93/10 Bilbaína de Alquitranes and Others v ECHA REACH – Identification of pitch, coal tar, high temperature as a substance of very high concern – Actions for annulment – Actionable measure – Regulatory act not entailing implementing measures – Direct concern – Admissibility – Equal treatment – Proportionality Art. 263 of TFEU; Art. 57 and 59 of REACH
  1. Appeal
    C-287/13 P
  2. Other cases
    C-288/13 P
    C-289/13 P
    C-290/13 P
    T-94/10
    T-95/10
    T-96/10
07/03/2013
T-1/10 PPG and SNF v ECHA Actions for annulment – REACH – Identification of acrylamide as a substance of very high concern – Measure not actionable – Inadmissibility Actions for annulment – REACH – Identification of acrylamide as a substance of very high concern – Measure not actionable – Inadmissibility
  1. Appeal
    C-626/11 P
  2. Proceedings for interim measures
    T-1/10 R
  3. Other cases
    T-1/10 RENV
21/09/2011
T-268/10 PPG and SNF v ECHA Actions for annulment - REACH - Identification of acrylamide as a substance of very high concern - Time-limit for bringing an action - Inadmissibility Art. 263 of TFEU; Art. 102 of the Rules of Procedure; Art. 57 of REACH
  1. Appeal
    C-625/11 P
  2. Other cases
    T-268/10 RENV
    Appeal:
    C-650/15 P
21/09/2011
T-346/10  Borax Europe v ECHA Action for annulment – REACH – Identification of boric acid and disodium tetraborate, anhydrous as substances of very high concern – No direct concern – Inadmissibility Art. 263 of TFEU; Art. 31, 33, 57 and 59 of REACH T-343/10 21/09/2011
T-343/10 Etimine and Etiproducts v ECHA Action for annulment – REACH – Identification of boric acid and disodium tetraborate, anhydrous as substances of very high concern – No direct concern – Inadmissibility Art. 31, 33 and 59 of REACH T-346/10 21/09/2011
T-1/10 R SNF SAS v ECHA Proceedings for interim measures – REACH – Identification of acrylamide as a substance of very high concern – Application for suspension of operation of the measure and for interim relief – No urgency Art. 104(2) of the Rules of Procedure; Art. 34, 57 and 59 of REACH T-1/10 26/03/2010

 

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