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Document 62026TN0237
Case T-237/26: Action brought on 14 April 2026 – ExxonMobil Petroleum & Chemical e.a. v ECHA
Case T-237/26: Action brought on 14 April 2026 – ExxonMobil Petroleum & Chemical e.a. v ECHA
Case T-237/26: Action brought on 14 April 2026 – ExxonMobil Petroleum & Chemical e.a. v ECHA
OJ C, C/2026/3073, 15.6.2026, ELI: http://data.europa.eu/eli/C/2026/3073/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/2026/3073 |
15.6.2026 |
Action brought on 14 April 2026 – ExxonMobil Petroleum & Chemical e.a. v ECHA
(Case T-237/26)
(C/2026/3073)
Language of the case: English
Parties
Applicants: ExxonMobil Petroleum & Chemical (Antwerp, Belgium), Shell Chemicals Europe BV (Rotterdam, Netherlands), Shell Nederland Raffinaderij BV (Rotterdam) (represented by: C. Mereu, lawyer)
Defendant: European Chemicals Agency
Form of order sought
The applicants claim that the Court should:
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annul in its entirety ECHA Decision D(2025)7771-DC of 11 December 2025, identifying n-hexane (EC No. 203-777-6; CAS No. 110-54-3) as a substance of very high concern on the basis of specific target organ toxicity after repeated exposure (nervous system) pursuant to Article 57(f) – human health – of 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) (1); |
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order the removal of n-hexane from the Candidate List published on 4 February 2026; and |
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order ECHA to pay the costs of the proceedings, including the applicants’ legal costs, pursuant to Article 134 of the Rules of Procedure of the General Court. |
Pleas in law and main arguments
In support of the action, the applicants rely on five pleas in law.
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First plea in law, alleging a manifest error of assessment.
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Second plea in law, alleging infringement of the principle of proportionality: the existence of adequate OELs and occupational risk management measures together with a detailed Chemical Safety Report render the substance of very high concern (SVHC) listing disproportionate. |
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Third plea in law, alleging infringement of the principle of legal certainty: absence of precedent for reversible, occupational neurotoxicity under Article 57(f) of REACH. |
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Fourth plea in law, alleging infringement of Article 1 of REACH and misuse of powers. |
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Fifth plea in law, alleging a breach of essential procedural requirements: inadequate reasoning under Article 296 TFEU. |
(1) 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) N° 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).
ELI: http://data.europa.eu/eli/C/2026/3073/oj
ISSN 1977-091X (electronic edition)