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Document 62018TA0639

    Case T-639/18: Judgment of the General Court of 16 December 2020 — SGL Carbon 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. 47–47 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    8.2.2021   

    EN

    Official Journal of the European Union

    C 44/47


    Judgment of the General Court of 16 December 2020 — SGL Carbon v Commission

    (Case T-639/18) (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 44/69)

    Language of the case: English

    Parties

    Applicant: SGL Carbon SE (Wiesbaden, 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, W. Broere and T. Zbihlej, 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:

    1.

    Dismisses the action;

    2.

    Orders SGL Carbon SE to bear its own costs and to pay those incurred by the European Commission;

    3.

    Orders the Kingdom of Spain and the European Chemicals Agency (ECHA) to bear their own costs.


    (1)  OJ C 16, 14.1.2019.


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