General Court of the European Union Order March 13 2015 PDF

12/4/24, 5:41 PM General Court of the European Union - Order of march, 13 2015 in the case no T-673/13 - Strada lex Europe Official sources  …  13/03/2015   ...

12/4/24, 5:41 PM General Court of the European Union - Order of march, 13 2015 in the case no T-673/13 - Strada lex Europe Official sources  …  13/03/2015    EN  General Court of the European Union - Order of march, 13 2015 in the case no T-673/13 ORDER OF THE GENERAL COURT (Fifth Chamber) 13 March 2015 (*) (Action for annulment - REACH - Application for registration of the chemical substance triphenyl phosphate - Intervener before the Board of Appeal of ECHA - Applicant not affected directly - Concept of regulatory act - Inadmissibility) In Case T-673/13, European Coalition to End Animal Experiments, established in London (United Kingdom), represented by D. Thomas, Solicitor, applicant, v European Chemicals Agency (ECHA), represented by M. Heikkilä, C. Jacquet and W. Broere, acting as Agents, and by J. Stuyck and A.- M. Vandromme, lawyers, defendant, APPLICATION for partial annulment of the decision of the Board of Appeal of ECHA of 10 October 2013, in Case A-004-2012, in so far as it asks a third party to carry out a second species pre-natal developmental toxicity study on a chemical substance, THE GENERAL COURT (Fifth Chamber), composed of A. Dittrich (Rapporteur), President, J. Schwarcz and V. Tomljenović, Judges, Registrar: E. Coulon, makes the following Order Background to the dispute 1 The applicant, the European Coalition to End Animal Experiments, is a European animal welfare group. It is a company limited by guarantee established in London (United Kingdom) which has member organisations in 22 Member States. It is recognised by the European Chemicals Agency (ECHA) as an accredited stakeholder allowed to attend meetings of the Member State Committee and the Risk Assessment Committee of ECHA as an observer. 2 On 28 February 2011, ECHA initiated a compliance check of the registration dossier for the chemical substance triphenyl phosphate submitted by Lanxess Deutschland GmbH ('Lanxess'). 3 By decision of 5 April 2012 ('the decision of 5 April 2012') concerning the compliance check of registrations pursuant to Article 41(3) of 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), ECHA asked Lanxess, in particular, to carry out a second species pre-natal developmental toxicity study on the chemical substance triphenyl phosphate, the species in question being the rabbit, allowing it a period of 24 months within which to supply the additional information. 4 On 5 July 2012, Lanxess appealed pursuant to Article 91(1) of Regulation No 1907/2006 before the Board of Appeal of ECHA against this decision. That article states that an appeal may be brought before the Board of Appeal of ECHA against decisions of ECHA taken pursuant to Articles 9, 20, 27(6), 30(2) and (3) and 51 of that regulation. 5 By decision of 26 September 2012, the Board of Appeal of ECHA granted the applicant leave to intervene in support of the form of order sought by Lanxess, under Article 8(1) of Commission Regulation (EC) No 771/2008 of 1 August 2008 laying down the rules of organisation and procedure of the Board of Appeal of the European Chemicals Agency (OJ 2008 L 206, p. 5). 6 By decision of 10 October 2013 ('the contested decision'), the Board of Appeal of ECHA dismissed the appeal by Lanxess, decided that the appeal fee would not be refunded, rejected the claim for reimbursement of costs lodged by Lanxess and decided that the latter must submit the required additional information within 24 months from the date of notification of the contested decision. https://www.stradalex.eu/en/se_src_publ_jur_eur_trib/document/gen_court_eu2015_T-673_13_59 1/1