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declare the application admissible and well-founded;

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annul the decision of the European Chemicals Agency, sent by letter of 4 February 2022 (FUP- DEV-01-21200655590-58-0000-CCH-1-2_FTR_NOTIF), informing of a failure to respond to a dossier evaluation decision;

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declare — or order ECHA to adopt a new measure declaring — that the Applicant is released from the obligation to provide any information to ECHA following the cease of production and consequent unavailability of the substance concerned due to force majeure; and

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order ECHA to pay all costs of these proceedings.

1.

First plea in law, alleging that the Defendant breached the principle of force majeure when it held that the cease of manufacture of the substance 1,3-dioxo-2-benzofuran-5- carboxylic acid with nonan-1-ol (EC Number 941-303-6) (hereinafter ‘the substances’) after the adoption of the final compliance check decision for reasons of force majeure does not relieve the Appellant from the obligation to provide the information requested in the initial compliance check decision on the substances.

2.

Second plea in law, alleging that the Defendant breached Article 50(2) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (1) (‘REACH Regulation’).

3.

Third plea in law, alleging that the Defendant breached Articles 5 and 6 of the REACH Regulation.

4.

Fourth plea in law, alleging that the Defendant infringed the principle of proportionality.