This document is an excerpt from the EUR-Lex website
Document 62020TN0127
Case T-127/20: Action brought on 27 February 2020 — France v ECHA
Case T-127/20: Action brought on 27 February 2020 — France v ECHA
Case T-127/20: Action brought on 27 February 2020 — France v ECHA
OJ C 191, 8.6.2020, p. 20–21
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
8.6.2020 |
EN |
Official Journal of the European Union |
C 191/20 |
Action brought on 27 February 2020 — France v ECHA
(Case T-127/20)
(2020/C 191/27)
Language of the case: French
Parties
Applicant: French Republic (represented by: A.-L. Desjonquères and E. Leclerc, acting as Agents)
Defendant: European Chemicals Agency
Form of order sought
The applicant claims that the Court should:
— |
annul the decision of the Board of Appeal of the ECHA of 17 December 2019 in joined cases A-003-2018, A-004-2018 and A-005-2018 annulling the ECHA’s three decisions of 21 December 2017 on the substance evaluation of aluminium chloride, aluminium chloride basic and aluminium sulphate; |
— |
order the ECHA to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas, alleging an error of law.
1. |
First plea in law, in which the applicant alleges that the Board of Appeal erred in law in finding, in the contested decision, that the ECHA should have taken into account the Schönholzer (1997) study even though that study had not been introduced to it during the evaluation procedure. In that regard, the applicant raises the following complaints:
|
2. |
Second plea in law, in which the applicant alleges that the Board of Appeal erred in law in relying, in the contested decision, on an erroneous interpretation of the case-law of the General Court of the European Union according to which, in order to demonstrate that a request for additional information on a substance is necessary, the ECHA must, inter alia, establish that there is a realistic possibility that the information requested would lead to improved risk management measures being taken. |