Judgment of the General Court of 11 September 2024 – Polynt v ECHA

(Case T-192/22)  (1)

(REACH - Compliance check of registrations - Substance 1,3-dioxo-2-benzofuran-5-carboxylic acid with nonan-1-ol - Failure to respond to the compliance check decision - Article 50 of Regulation (EC) No 1907/2006 - Proportionality)

(C/2024/6425)

Language of the case: English

Parties

Applicant: Polynt SpA (Scanzorosciate, Italy) (represented by: C. Mereu and I. Zonca, lawyers)

Defendant: European Chemicals Agency (represented by: M. Heikkilä, L. Lourenço, and W. Broere, acting as Agents)

Re:

By its action based on Article 263 TFEU, the applicant seeks the annulment of the letter sent to the Italian authorities by the European Chemicals Agency (ECHA) on 4 February 2022, by which ECHA, first, found that the applicant had failed to respond to its compliance check decision of 18 December 2017, adopted under 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 (OJ 2006 L 396, p. 1, and corrigendum OJ 2007 L 136, p. 3), and, secondly, requested those authorities to take all the necessary measures to secure implementation of that decision.

Operative part of the judgment

The Court:

(1)   OJ C 222, 7.6.2022.