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rule that the ECHA Board of Appeal erred in its assessment of the relationship between the Cosmetics Regulation and the REACH Regulation;

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rule that the ECHA Board of Appeal infringed the provisions of the REACH Regulation;

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annul the ECHA Board of Appeal’s decision of 18 August 2020 No A-010-2018;

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order the defendant to pay the costs.

1.

First plea in law, alleging an error in the assessment of the relationship between the Cosmetics Regulation (1) and the REACH Regulation (2). According to the applicant, the Board of Appeal erred in its assessment of Article 18 of the Cosmetics Regulation when applying the REACH Regulation and acted contrary to the objective pursued by the Cosmetics Regulation in the area of animal testing. Lastly, the applicant takes the view that the ECHA does not have competence to give a binding interpretation of the relationship between the Cosmetics Regulation and the REACH Regulation.

2.

Second plea in law, alleging infringement of the provisions of the Reach Regulation. In this respect, the applicant submits, inter alia, that the Reach Regulation establishes the principle of the prohibition of animal testing, except where there is no alternative. No such exception was identified by the Board of Appeal in the contested decision.