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Document 62018TA0636
Case T-636/18: Judgment of the General Court of 16 December 2020 — Tokai erftcarbon v Commission (Non-contractual liability — Environment — Classification, labelling and packaging of certain substances and mixtures — Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance — Sufficiently serious breach of a rule of law intended to confer rights on individuals)
Case T-636/18: Judgment of the General Court of 16 December 2020 — Tokai erftcarbon v Commission (Non-contractual liability — Environment — Classification, labelling and packaging of certain substances and mixtures — Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance — Sufficiently serious breach of a rule of law intended to confer rights on individuals)
Case T-636/18: Judgment of the General Court of 16 December 2020 — Tokai erftcarbon v Commission (Non-contractual liability — Environment — Classification, labelling and packaging of certain substances and mixtures — Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance — Sufficiently serious breach of a rule of law intended to confer rights on individuals)
OJ C 44, 8.2.2021, p. 45–45
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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8.2.2021 |
EN |
Official Journal of the European Union |
C 44/45 |
Judgment of the General Court of 16 December 2020 — Tokai erftcarbon v Commission
(Case T-636/18) (1)
(Non-contractual liability - Environment - Classification, labelling and packaging of certain substances and mixtures - Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance - Sufficiently serious breach of a rule of law intended to confer rights on individuals)
(2021/C 44/66)
Language of the case: English
Parties
Applicant: Tokai erftcarbon GmbH (Grevenbroich, Germany) (represented by: K. Van Maldegem, M. Grunchard, S. Saez Moreno and P. Sellar, lawyers)
Defendant: European Commission (represented by: M. Wilderspin, R. Lindenthal and K. Talabér-Ritz, acting as Agents)
Interveners in support of the defendant: Kingdom of Spain (represented by: L. Aguilera Ruiz, acting as Agent), European Chemicals Agency (represented by: M. Heikkilä and W. Broere, acting as Agents)
Re:
Action under Article 268 TFEU seeking compensation for the damage which the applicant claims to have suffered as a result of the adoption of Commission Regulation (EU) No 944/2013 of 2 October 2013 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 2013 L 261, p. 5), in so far as that regulation classified pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) and Aquatic Chronic 1 (H410) substance.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Tokai erftcarbon GmbH to bear its own costs and to pay those incurred by the European Commission; |
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3. |
Orders the Kingdom of Spain and the European Chemicals Agency (ECHA) to bear their own costs. |