Official Journal of the European Union
Judgment of the General Court of 23 February 2022 — Chemours Netherlands v ECHA
(Case T-636/19) (1)
(REACH - Substances of very high concern - Establishment of a candidate list of substances for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 - Decision identifying 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts and its acyl halides as a substance fulfilling the criteria laid down for inclusion in the list - Article 57 of Regulation No 1907/2006 - Manifest error of assessment - Proportionality)
Language of the case: English
Applicant: Chemours Netherlands BV (Dordrecht, Netherlands) (represented by: R. Cana and E. Mullier, lawyers)
Defendant: European Chemicals Agency (represented by: W. Broere, N. Herbatschek and M. Heikkilä, acting as Agents, and by S. Raes, lawyer)
Interveners in support of the defendant: Kingdom of the Netherlands (represented by: M. Bulterman, J. Langer and C. Schillemans, acting as Agents), ClientEarth AISBL (Brussels, Belgium), ClientEarth (London, United Kingdom), CHEM Trust Europe eV (Hamburg, Germany) (represented by: N. Angelet, lawyer)
Application under Article 263 TFEU seeking annulment of ECHA’s decision ED/71/2019 of 4 July 2019, which came into force on 16 July 2019, in so far as it includes 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts and its acyl halides (and their isomers and combinations thereof) in the list of substances identified for eventual inclusion in Annex XIV to 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, corrigendum OJ 2007 L 136, p. 3).
Operative part of the judgment
Dismisses the action;
Orders Chemours Netherlands BV to bear its own costs and to pay the costs incurred by the European Chemicals Agency (ECHA) and ClientEarth AISBL, ClientEarth and CHEM Trust Europe Ev;
Orders the Kingdom of the Netherlands to bear its own costs.
(1) OJ C 399, 25.11.2019.