Cases with ECHA as a defendant or intervener
Cases with ECHA as a defendant or intervener
Cases with ECHA as a defendant or intervener
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:
- REACH Candidate List: cases related to the identification of a substance as being of very high concern;
- REACH Registration: cases related to the joint submission of data obligation;
- REACH Authorisation: cases related to the inclusion of a substance in the Authorisation List (Annex XIV) and authorisation applications;
- REACH Restrictions: cases related to the inclusion of a substance in the Restrictions List (Annex XVII)
- REACH Evaluation: cases where ECHA has requested information from a registrant under the evaluation procedure (Articles 40, 41 or 46 of REACH);
- CLH: cases concerning the harmonisation of classification of a substance;
- Biocides: cases concerning biocides;
- ATD: cases related to requests for access to documents;
- Company size: cases related to company size verification and related charges.
All the available language versions of the court cases, including those which are pending, can be found at the European Court of Justice website.
| Case number | Parties | Keywords | Main Legal Provisions | Procedurally linked cases | Date of the ruling |
|---|---|---|---|---|---|
| C-691/15 P-R | Commission v Bilbaína de Alquitranes and Others (ECHA as intervener) | Application for interim measures — Appeal — Application for suspension of the effects of a regulation annulled by the General Court of the European Union — Environment and protection of human health — Regulation (EU) No 944/2013 — Classification of pitch, coal tar, high-temperature, in the categories of acute aquatic toxicity and chronic aquatic toxicity — Manifest error of assessment — Judgment of the General Court annulling that regulation — Suspensive effect of the appeal — Urgency | Art. 160(3) of the Rules of Procedure; Art. 60 of the Statute of the Court of Justice |
Initial Case: Appeal of the Initial Case: |
07/07/2016 |
| T-689/13 | Bilbaína de Alquitranes and Others v. Commission (ECHA as intervener) | Environment and protection of human health — Classification of pitch, coal tar, high-temperature, in the categories of acute aquatic toxicity and chronic aquatic toxicity — Regulation (EC) No 1907/2006 and Regulation (EC) No 1272/2008 — Manifest error of assessment — Classification of a substance on the basis of its constituents | Points 4.1.1.1(a) and (g) and 4.1.3.5 of Annex I of CLP |
Appeal C-691/15 P |
07/10/2015 |
| C-691/15 P | Commission v Bilbaína de Alquitranes and Others (ECHA as intervener) | Appeal — Environment — Regulation (EC) No 1272/2008 — Classification, labelling and packaging of certain substances and mixtures — Regulation (EU) No 944/2013 — Classification of pitch, coal tar, high-temperature — Categories of acute aquatic toxicity (H400) and chronic aquatic toxicity (H410) — Duty to act diligently — Manifest error of assessment | Point 4.1.3.5 of Annex I of CLP |
Initial Case: Proceedings for interim measures: |
22/11/2017 |
| Deza v Commission | Environment and protection of the public health — Regulation (EC) No 1272/2008 — Classification, labelling and packaging of certain substances — Regulation (EU) 2017/776 — Classification of anthraquinone — Substance which is a presumed human carcinogen — Manifest error of assessment — Concept of substance — Legal certainty — Right to property |
Article 5(1), Article 8(6) and Article 37(1, 4 and 5) of the
Regulation (EC) No 1272/2008, |
24/10/2018 | ||
| Deza, a.s. v European Commission | Appeal – Environment – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of substances and mixtures – Regulation (EU) 2017/776 – Classification of anthraquinone – Substance suspected to have carcinogenic potential for humans – Errors of interpretation and application of Regulation 1272/2008 and the principle of legal certainty – Distortion of the facts and of the evidence – Scope of review |
Article 1(1) of the Regulation (EC) No 1272/2008, |
15/10/2020 | ||
| Industrial Química del Nalón v Commission | Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals |
Article 1(2)(a)(i) and (b)(i) of the Regulation (EU) No
944/2013, |
16/12/2020 | ||
| Tokai erftcarbon v Commission | Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals |
Article 1(2)(a)(i) and (b)(i) of the Regulation (EU) No
944/2013, |
16/12/2020 | ||
| Bawtry Carbon International v Commission | Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals |
Regulation (EU) No 944/2013, |
16/12/2020 | ||
| Deza v Commission | Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals |
Regulation (EU) No 944/2013, |
16/12/2020 | ||
| SGL Carbon v Commission | Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals |
Regulation (EU) No 944/2013, |
16/12/2020 | ||
| Bilbaína de Alquitranes v Commission | Non-contractual liability – Environment – Classification, labelling and packaging of certain substances and mixtures – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Sufficiently serious breach of a rule of law intended to confer rights on individuals |
Regulation (EU) No 944/2013, |
16/12/2020 | ||
| Bilbaína de Alquitranes, SA v Commission | Appeals – Environment – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of certain substances and mixtures – Regulation (EU) No 944/2013 – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Annulment – Actions for damages |
Articles 1(1), 3(1), 37(1), 37(4), 37(5), Annex I of Regulation (No 1272/2008) |
Appeal of the Case T-645/18 |
16/06/2022 | |
| Deza a.s. v Commission | Appeals – Environment – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of certain substances and mixtures – Regulation (EU) No 944/2013 – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Annulment – Actions for damages |
Articles 1(1), 3(1), 37(1), 37(4), 37(5), Annex I of Regulation (No 1272/2008) |
Appeal of the Case T-638/18 |
16/06/2022 | |
| Industrial Química del Nalón v Commission | Appeals – Environment – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of certain substances and mixtures – Regulation (EU) No 944/2013 – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Annulment – Actions for damages |
Articles 1(1), 3(1), 37(1), 37(4), 37(5), Annex I of Regulation (No 1272/2008) |
Appeal of the Case T-635/18 |
16/06/2022 | |
| SGL Carbon SE v Commission | Appeals – Environment – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of certain substances and mixtures – Regulation (EU) No 944/2013 – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Annulment – Actions for damages |
Articles 1(1), 3(1), 37(1), 37(4), 37(5), Annex I of Regulation (No
1272/2008) |
Appeal of the Case T-639/18 |
16/06/2022 | |
| Brillux GmbH & Co. KG v Commission | Environment and protection of human health – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of substances and mixtures – Delegated Regulation (EU) 2020/217 – Classification of titanium dioxide in powder form containing 1% or more of particles of a diameter equal to or below 10 μm – Criteria for classification of a substance as carcinogenic – Reliability and acceptability of studies – Substance that has the intrinsic property to cause cancer – Calculation of lung overload in particles – Manifest errors of assessment |
Articles 1(1), 3, 5, 9, 13, 36(1), 37, Annex I of Regulation (No 1272/2008) |
C-71/23 P, C-82/23 P |
23/11/2022 | |
| Billions Europe Ltd. & others v Commission | Environment and protection of human health – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of substances and mixtures – Delegated Regulation (EU) 2020/217 – Classification of titanium dioxide in powder form containing 1% or more of particles of a diameter equal to or below 10 μm – Criteria for classification of a substance as carcinogenic – Reliability and acceptability of studies – Substance that has the intrinsic property to cause cancer – Calculation of lung overload in particles – Manifest errors of assessment |
Articles 1(1), 3, 5, 9, 13, 36(1), 37, Annex I of Regulation (No 1272/2008) |
C-71/23 P, C-82/23 P |
23/11/2022 | |
| CWS Powder Coatings GmbH v Commission | Environment and protection of human health – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of substances and mixtures – Delegated Regulation (EU) 2020/217 – Classification of titanium dioxide in powder form containing 1% or more of particles of a diameter equal to or below 10 μm – Criteria for classification of a substance as carcinogenic – Reliability and acceptability of studies – Substance that has the intrinsic property to cause cancer – Calculation of lung overload in particles – Manifest errors of assessment |
Articles 1(1), 3, 5, 9, 13, 36(1), 37, Annex I of Regulation (No 1272/2008) |
C-71/23 P, C-82/23 P |
23/11/2022 |