This document is an excerpt from the EUR-Lex website
Document 62017TN0125
Case T-125/17: Action brought on 28 February 2017 — BASF Grenzach v ECHA
Case T-125/17: Action brought on 28 February 2017 — BASF Grenzach v ECHA
Case T-125/17: Action brought on 28 February 2017 — BASF Grenzach v ECHA
OJ C 112, 10.4.2017, p. 48–50
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
10.4.2017 |
EN |
Official Journal of the European Union |
C 112/48 |
Action brought on 28 February 2017 — BASF Grenzach v ECHA
(Case T-125/17)
(2017/C 112/67)
Language of the case: English
Parties
Applicant: BASF Grenzach GmbH (Grenzach-Wyhlen, Germany) (represented by: K. Nordlander and M. Abenhaïm, lawyers)
Defendant: European Chemicals Agency
Form of order sought
The applicant claims that the Court should:
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declare the application for annulment admissible; |
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annul the decision of the Board of Appeal of the European Chemicals Agency (ECHA) of 19 December 2016 concerning the substance evaluation of Triclosan pursuant to Article 46(1) of Regulation (EC) No. 1907/2006 (1) (case No A-018-2014) (‘the Triclosan Decision’), in so far as the Board of Appeal dismissed the applicant’s administrative appeal, confirmed the rat test, the fish test and the persistence test previously requested by ECHA, and decided that the remaining information was to be provided by 28 December 2018; |
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order ECHA to pay the applicant’s costs for these proceedings. |
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1. |
First plea in law, alleging a breach of essential procedural requirements
|
2. |
Second plea in law, alleging a breach of proportionality principle, read in conjunction with Article 13 TFUE, Article 25(1) REACH, Article 47 REACH and the General Court’s consistent case law concerning judicial review and burden of proof.
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(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) 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)