Context: Appeal – Regulation (EC) No 1907/2006 – Registration, evaluation, authorisation and restriction of chemicals – European Commission decision authorising certain uses of lead sulfochromate yellow and lead chromate molybdate sulfate red, substances listed in Annex XIV of that regulation – Substances of very high concern – Conditions of authorisation – Assessment of the lack of suitable alternatives
ECJ has dismissed the Commission’s appeal in the lead chromate pigments case. The Commission challenged the General Court’s judgment at first instance which had annulled the Commission’s decision to grant an authorisation under REACH on the ground that the Commission had erred in law in its examination of the lack of availability of alternative substances.
In its judgment today, the Court of Justice upholds the General Court’s finding that the Commission had failed to fulfil its obligation to verify the lack of availability of alternatives for the various uses of lead chromates considered.
This comes just a few days after the European Parliament’s legal affairs committee indicated that it would bring legal action against a Commission REACH authorisation decision on uses of chromium trioxide.
Decision
1. Sets aside point 2 of the operative part of the judgment of 7 March 2019, Sweden v Commission (T‑837/16, EU:T:2019:144);
2. Dismisses the appeal as to the remainder;
3. Orders the effects of Commission Implementing Decision C(2016) 5644 final of 7 September 2016 authorising certain uses of lead sulfochromate yellow and lead chromate molybdate sulfate red in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council to be maintained until the European Commission has adopted a fresh decision on the application for authorisation submitted by DCC Maastricht BV;
4. Orders the European Commission, the Kingdom of Sweden, the Kingdom of Denmark, the Republic of Finland, the European Parliament and the European Chemicals Agency (ECHA) each to bear their own costs relating to the appeal proceedings.
Source Curia
