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16.12.2019 |
EN |
Official Journal of the European Union |
C 423/33 |
Judgment of the General Court of 3 October 2019 – BASF v ECHA
(Case T-805/17) (1)
(REACH - Article 11 of Regulation (EC) No 1907/2006 - Article 3(3) of Implementing Regulation (EU) 2016/9 - Requirement for joint submission of data - Joint submission with possibility of a complete opt-out - Administrative practice of ECHA requiring an agreement on the terms for making a joint submission with the lead registrant for a registered substance - Failure to reach an agreement - Dispute resolution mechanism applied by analogy - Decision granting access to a joint submission - Legal basis - Broad discretion of ECHA - Manifest error of assessment - Obligation to state reasons - Legal certainty)
(2019/C 423/40)
Language of the case: English
Parties
Applicant: BASF SE (Ludwigshafen-am-Rhein, Germany) (represented by: R. Cana, D. Abrahams, E. Mullier and H. Widemann, lawyers)
Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä, C. Jacquet and T. Basmatzi, acting as Agents)
Re:
Action under Article 263 TFEU for the annulment of Decision DSH-30-3-0122-2017 of ECHA of 2 October 2017 granting Sustainability Support Services (Europe) AB access to the joint submission lodged by BASF, as lead registrant for the substance disodium 4,4'-bis[(4-anilino-6-morpholino-1, 3, 5-triazin-2-yl)amino]stilbene-2,2'-disulphonate, EC No 240-245-2 and CAS No 16090-02-1.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders BASF SE and the European Chemicals Agency (ECHA) to bear their own costs. |