Case C‑626/11 P

Polyelectrolyte Producers Group GEIE (PPG) and SNF SAS

v

European Chemicals Agency (ECHA)

‛Appeal — European Chemicals Agency (ECHA) — Registration, evaluation and authorisation of chemical substances — Regulation (EC) No 1907/2006 (REACH Regulation) — Articles 57 and 59 — Substances subject to authorisation — Identification of acrylamide as a substance of very high concern — Inclusion on the candidate list of substances — Publication of the list on the ECHA website — Action for annulment brought prior to that publication — Admissibility’

Summary — Judgment of the Court (Fourth Chamber), 26 September 2013

1. Actions for annulment — Actionable measures — Definition — Measure producing binding legal effects — Decision of the European Chemicals Agency (ECHA) identifying acrylamide as a substance of very high concern — Included — Decision producing legal effects only as of the date of publication

   (Art. 263, first para. TFEU; European Parliament and Council Regulation No 1907/2006, Art. 59(10))

2. Actions for annulment — Time-limits — Point from which time starts to run — Date of publication — Whether admissible to bring an action before that date

   (Art. 263, sixth para. TFEU)

1.  An action for annulment may be brought against a measure such as a decision of the European Chemicals Agency (ECHA) identifying a substance as satisfying the criteria set out in Article 57 of Regulation No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) under the second sentence of the first paragraph of Article 263 TFEU, in so far as it was adopted by an agency of the European Union, and it is intended to produce legal effects vis-à-vis third parties. The legal obligations arising from the such a measure can be imposed on the persons concerned only after publication of the candidate list of substances containing that substance, such publication being provided for in Article 59(10) of Regulation No 1907/2006.

   Where the publication of a measure is provided for under EU law, it is only as of the time of publication that such persons are able to ascertain unequivocally what their rights and obligations are and to take the necessary measures accordingly.

   (see paras 30-32)

2.  In order to allow the persons concerned sufficient time to challenge a published measure of the European Union in full knowledge of the facts, the time-limit for bringing an action against such a measure starts to run, in accordance with the sixth paragraph of Article 263 TFEU, only upon its publication. That provision does not prevent an applicant from lodging an application with the Court as soon as the contested decision has been adopted, without waiting for it to be notified or published, with the result that the action cannot be found to be inadmissible as a result of its having been lodged at the Court Registry prior to the publication of that decision. Although it is true that measures or decisions the legal effects of which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in his legal position are measures or decisions which may be the subject of an action for annulment for the purposes of Article 263 TFEU, it is not stated in that article that the bringing of such an action is subject to the publication and notification of those measures.

   Moreover, the bringing of an action against a European Union measure prior to its publication, provided that that measure has been adopted, does not jeopardise the objective of a time-limit for bringing proceedings, which is to protect legal certainty by ensuring that European Union measures which produce legal effects may not indefinitely be called into question. Consequently, while the publication of a measure commences the period for bringing proceedings on expiry of which that measure becomes final, it does not constitute a precondition for entitlement to bring proceedings against that measure.

   (see paras 33, 35, 37-39)

Case C‑626/11 P

Polyelectrolyte Producers Group GEIE (PPG) and SNF SAS

v

European Chemicals Agency (ECHA)

‛Appeal — European Chemicals Agency (ECHA) — Registration, evaluation and authorisation of chemical substances — Regulation (EC) No 1907/2006 (REACH Regulation) — Articles 57 and 59 — Substances subject to authorisation — Identification of acrylamide as a substance of very high concern — Inclusion on the candidate list of substances — Publication of the list on the ECHA website — Action for annulment brought prior to that publication — Admissibility’

Summary — Judgment of the Court (Fourth Chamber), 26 September 2013

1. Actions for annulment — Actionable measures — Definition — Measure producing binding legal effects — Decision of the European Chemicals Agency (ECHA) identifying acrylamide as a substance of very high concern — Included — Decision producing legal effects only as of the date of publication

   (Art. 263, first para. TFEU; European Parliament and Council Regulation No 1907/2006, Art. 59(10))

2. Actions for annulment — Time-limits — Point from which time starts to run — Date of publication — Whether admissible to bring an action before that date

   (Art. 263, sixth para. TFEU)

1.  An action for annulment may be brought against a measure such as a decision of the European Chemicals Agency (ECHA) identifying a substance as satisfying the criteria set out in Article 57 of Regulation No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) under the second sentence of the first paragraph of Article 263 TFEU, in so far as it was adopted by an agency of the European Union, and it is intended to produce legal effects vis-à-vis third parties. The legal obligations arising from the such a measure can be imposed on the persons concerned only after publication of the candidate list of substances containing that substance, such publication being provided for in Article 59(10) of Regulation No 1907/2006.

   Where the publication of a measure is provided for under EU law, it is only as of the time of publication that such persons are able to ascertain unequivocally what their rights and obligations are and to take the necessary measures accordingly.

   (see paras 30-32)

2.  In order to allow the persons concerned sufficient time to challenge a published measure of the European Union in full knowledge of the facts, the time-limit for bringing an action against such a measure starts to run, in accordance with the sixth paragraph of Article 263 TFEU, only upon its publication. That provision does not prevent an applicant from lodging an application with the Court as soon as the contested decision has been adopted, without waiting for it to be notified or published, with the result that the action cannot be found to be inadmissible as a result of its having been lodged at the Court Registry prior to the publication of that decision. Although it is true that measures or decisions the legal effects of which are binding on, and capable of affecting the interests of, the applicant by bringing about a distinct change in his legal position are measures or decisions which may be the subject of an action for annulment for the purposes of Article 263 TFEU, it is not stated in that article that the bringing of such an action is subject to the publication and notification of those measures.

   Moreover, the bringing of an action against a European Union measure prior to its publication, provided that that measure has been adopted, does not jeopardise the objective of a time-limit for bringing proceedings, which is to protect legal certainty by ensuring that European Union measures which produce legal effects may not indefinitely be called into question. Consequently, while the publication of a measure commences the period for bringing proceedings on expiry of which that measure becomes final, it does not constitute a precondition for entitlement to bring proceedings against that measure.

   (see paras 33, 35, 37-39)