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Document 62021TJ0187
Judgment of the General Court (Fifth Chamber) of 21 December 2022.
Firearms United Network and Others v European Commission.
REACH – Regulation (EU) 2021/57 – Updating of Annex XVII to Regulation (EC) No 1907/2006 – Restriction on lead – Use of lead shot for hunting in or around wetlands – Manifest error of assessment – Proportionality – Legal certainty – Presumption of innocence.
Case T-187/21.
Judgment of the General Court (Fifth Chamber) of 21 December 2022.
Firearms United Network and Others v European Commission.
REACH – Regulation (EU) 2021/57 – Updating of Annex XVII to Regulation (EC) No 1907/2006 – Restriction on lead – Use of lead shot for hunting in or around wetlands – Manifest error of assessment – Proportionality – Legal certainty – Presumption of innocence.
Case T-187/21.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2022:848
Judgment of the General Court (Fifth Chamber) of 21 December 2022 –
Firearms United Network and Others v Commission
(Case T‑187/21) ( 1 )
(REACH – Regulation (EU) 2021/57 – Updating of Annex XVII to Regulation (EC) No 1907/2006 – Restriction on lead – Use of lead shot for hunting in or around wetlands – Manifest error of assessment – Proportionality – Legal certainty – Presumption of innocence)
1. |
Approximation of laws – Registration, evaluation and authorisation of chemicals – REACH Regulation – Restrictions applicable to certain substances – Establishment of new restrictions and modification of existing restrictions – Discretion of the EU authorities – Scope – Area involving political, economic and social choices – Limits – Observance of the principle of proportionality – Judicial review – Limits – Manifest error, misuse of powers or manifest exceeding of the limits of the discretion (European Parliament and Council Regulation No 1907/2006, Art. 68(1), and Annex XVII; Commission Regulation 2021/57) (see paragraphs 41-44, 121-123, 136) |
2. |
EU law – General principles of law – Legal certainty – Principle that penalties must have a proper legal basis – Scope (Charter of Fundamental Rights of the European Union, Art. 49(1)) (see paragraphs 103, 107) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Firearms United Network and Mr Tomasz Walter Stępień, Mr Michał Budzyński and Mr Andrzej Marcjanik to bear their own costs and to pay the costs incurred by the European Commission, including those relating to the proceedings for interim measures; |
3. |
Orders the Federal Republic of Germany, the French Republic and the European Chemicals Agency (ECHA) to bear their own costs. |
( 1 ) OJ C 217, 7.6.2021.