This document is an excerpt from the EUR-Lex website
Document 62017TJ0400
Judgment of the General Court (Second Chamber) of 24 October 2018.
Deza, a.s. v European Commission.
Environment and protection of human health — Regulation (EC) No 1272/2008 — Classification, labelling and packaging of certain substances — Regulation (EU) 2017/776 — Classification of anthraquinone — Substance which is a presumed human carcinogen — Manifest error of assessment — Concept of substance — Legal certainty — Right to property.
Case T-400/17.
Judgment of the General Court (Second Chamber) of 24 October 2018.
Deza, a.s. v European Commission.
Environment and protection of human health — Regulation (EC) No 1272/2008 — Classification, labelling and packaging of certain substances — Regulation (EU) 2017/776 — Classification of anthraquinone — Substance which is a presumed human carcinogen — Manifest error of assessment — Concept of substance — Legal certainty — Right to property.
Case T-400/17.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Second Chamber) of 24 October 2018 –
Deza v Commission
(Case T‑400/17)
(Environment and protection of human health — Regulation (EC) No 1272/2008 — Classification, labelling and packaging of certain substances — Regulation (EU) 2017/776 — Classification of anthraquinone — Substance which is a presumed human carcinogen — Manifest error of assessment — Concept of substance — Legal certainty — Right to property)
1. |
Approximation of laws — Classification, packaging and labelling of substances and mixtures — Regulation No 1272/2008 — Adaption to scientific and technical progress — Classification of anthraquinone as a carcinogenic substance — Discretion of the EU authorities — Scope — Judicial review — Limits (European Parliament and Council Regulation No 1272/2008, Arts 36 and 37) (see paras 23-25, 44, 57, 70) |
2. |
Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief summary of the pleas in law on which the application is based — Abstract statement — Inadmissibility (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 76(d)) (see para. 102) |
3. |
EU law — Principles — Legal certainty — EU rules — Requirements of clarity and foreseeability (see paras 103, 104) |
4. |
Fundamental rights — Charter of Fundamental Rights of the European Union — Right to property — Scope — Rights conferring an acquired legal position — Meaning (Charter of Fundamental Rights of the European Union, Art. 17) (see para. 108) |
Re:
Application on the basis of Article 263 TFEU seeking the annulment of Commission Regulation (EU) 2017/776 of 4 May 2017 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 2017 L 116, p. 1), in so far as it classifies anthraquinone as a presumed human carcinogen.
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Deza, a.s. to bear its own costs and to pay the costs incurred by the European Commission; |
3. |
Orders the Republic of Finland, the Kingdom of Sweden and the European Chemicals Agency (ECHA) to bear their own costs. |