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Document 62022TA0449
Case T-449/22: Judgment of the General Court of 27 November 2024 – Evonik Operations v Commission (Environment and protection of human health – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of certain substances and mixtures – Delegated Regulation (EU) 2022/692 – Harmonised classification and labelling of the substance silanamine, 1,1,1-trimethyl-N-(trimethylsilyl)-, hydrolysis products with silica; pyrogenic, synthetic amorphous, nano, surface treated silicon dioxide – Criteria for classification of a substance in the hazard class Specific target organ toxicity-repeated exposure – Appropriateness of the classification – Absence of public consultation on the opinion of ECHA’s Committee for Risk Assessment – Interinstitutional Agreement on Better Law-Making – Absence of impact assessment)
Case T-449/22: Judgment of the General Court of 27 November 2024 – Evonik Operations v Commission (Environment and protection of human health – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of certain substances and mixtures – Delegated Regulation (EU) 2022/692 – Harmonised classification and labelling of the substance silanamine, 1,1,1-trimethyl-N-(trimethylsilyl)-, hydrolysis products with silica; pyrogenic, synthetic amorphous, nano, surface treated silicon dioxide – Criteria for classification of a substance in the hazard class Specific target organ toxicity-repeated exposure – Appropriateness of the classification – Absence of public consultation on the opinion of ECHA’s Committee for Risk Assessment – Interinstitutional Agreement on Better Law-Making – Absence of impact assessment)
Case T-449/22: Judgment of the General Court of 27 November 2024 – Evonik Operations v Commission (Environment and protection of human health – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of certain substances and mixtures – Delegated Regulation (EU) 2022/692 – Harmonised classification and labelling of the substance silanamine, 1,1,1-trimethyl-N-(trimethylsilyl)-, hydrolysis products with silica; pyrogenic, synthetic amorphous, nano, surface treated silicon dioxide – Criteria for classification of a substance in the hazard class Specific target organ toxicity-repeated exposure – Appropriateness of the classification – Absence of public consultation on the opinion of ECHA’s Committee for Risk Assessment – Interinstitutional Agreement on Better Law-Making – Absence of impact assessment)
OJ C, C/2025/546, 3.2.2025, ELI: http://data.europa.eu/eli/C/2025/546/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2025/546 |
3.2.2025 |
Judgment of the General Court of 27 November 2024 – Evonik Operations v Commission
(Case T-449/22) (1)
(Environment and protection of human health - Regulation (EC) No 1272/2008 - Classification, labelling and packaging of certain substances and mixtures - Delegated Regulation (EU) 2022/692 - Harmonised classification and labelling of the substance silanamine, 1,1,1-trimethyl-N-(trimethylsilyl)-, hydrolysis products with silica; pyrogenic, synthetic amorphous, nano, surface treated silicon dioxide - Criteria for classification of a substance in the hazard class ‘Specific target organ toxicity-repeated exposure’ - Appropriateness of the classification - Absence of public consultation on the opinion of ECHA’s Committee for Risk Assessment - Interinstitutional Agreement on Better Law-Making - Absence of impact assessment)
(C/2025/546)
Language of the case: English
Parties
Applicant: Evonik Operations GmbH (Essen, Germany) (represented by: T. Delille and N. Kuśnierkiewicz, lawyers)
Defendant: European Commission (represented by: M. Farley and R. Lindenthal, acting as Agents)
Intervener in support of the defendant: European Chemicals Agency (represented by: W. Broere and J.-P. Trnka, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of Commission Delegated Regulation (EU) 2022/692 of 16 February 2022 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (OJ 2022 L 129, p. 1) in so far as it concerns the harmonised classification and labelling of the substance silanamine, 1,1,1-trimethyl-N-(trimethylsilyl)-, hydrolysis products with silica; pyrogenic, synthetic amorphous, nano, surface treated silicon dioxide.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Evonik Operations GmbH to bear its own costs and to pay those incurred by the European Commission; |
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3. |
Orders the European Chemicals Agency (ECHA) to bear its own costs. |
ELI: http://data.europa.eu/eli/C/2025/546/oj
ISSN 1977-091X (electronic edition)