This document is an excerpt from the EUR-Lex website
Document 62013TN0466
Case T-466/13: Action brought on 28 August 2013 — Hermann Trollius v ECHA
Case T-466/13: Action brought on 28 August 2013 — Hermann Trollius v ECHA
Case T-466/13: Action brought on 28 August 2013 — Hermann Trollius v ECHA
OJ C 325, 9.11.2013, p. 44–44
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 325, 9.11.2013, p. 42–42
(HR)
9.11.2013 |
EN |
Official Journal of the European Union |
C 325/44 |
Action brought on 28 August 2013 — Hermann Trollius v ECHA
(Case T-466/13)
2013/C 325/72
Language of the case: English
Parties
Applicant: Hermann Trollius GmbH (Lauterhofen, Germany) (represented by: M. Ahlhaus and J. Schrotz, lawyers)
Defendant: European Chemicals Agency (ECHA)
Form of order sought
The applicant claims that the Court should:
— |
Annul ECHA’s decision No SME (2013) 0191 of 31 January 2013, as well as ECHA’s invoice No 10035033 of 4 February 2013; and |
— |
Order the Defendant to bear all costs including the Applicant’s costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on three pleas in law.
1. |
First plea in law, alleging the Defendant’s lack of competence.
|
2. |
Second plea in law, alleging the violation of Article 104(1) of the Reach Regulation in connection with Regulation No 1 of 15 April 1958 (3).
|
3. |
Third plea in law, alleging that the Applicant in fact is a small enterprise according to Commission Recommendation 2003/361/EC (4), and so the contested decisions are wrong on the substance. |
(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 (Reach Regulation)
(2) Commission Regulation (EC) No 340/2008 of 16 April 2008 on the fees and charges payable to the European Chemicals Agency pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
(3) EEC Council: Regulation No 1 determining the languages to be used by the European Economic Community
(4) Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises