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Annul Commission Delegated Regulation (EU) 2024/197 of 19 October 2023 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008, (1) insofar as it classifies 1,4-Benzenediamine, N,N’-mixed Ph and tolyl derivs.; Reaction mass of N-phenyl,N’-o-tolyl-phenylene diamine, N,N’-diphenyl-p-phenylene diamine and N,N’-di-o-tolyl-phenylene diamine (‘DAPD’) as toxic for reproduction 1B (H360FD) (‘the contested act’); (2)

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Order the defendant to pay the costs of these proceedings.

1.

First plea in law, alleging a breach of provisions under Regulation EC No 1272/2008 of the European Parliament and of the Council, namely Article 36(1)(d), Article 37(5), Section 1.1.1.3, Section 1.1.1.5, Section 3.7.2.1.1, Section 3.7.2.3.1, and Table 3.7.1(a) of the Annex.

2.

Second plea in law, alleging that the European Commission made a manifest error of assessment. The defendant relied on irrelevant facts, and did not take into account, carefully and impartially, all the relevant and available information on DAPD provided by the applicant before adopting the contested act.

3.

Third plea in law, alleging the contested act infringes the general principles of EU law, namely the principle of proportionality, the applicants’ right to be heard and right of defence, and the principle of good administration.