Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

PPG and SNF v ECHA.

Country/Territory
European Union
Type of court
International court
Date
Sep 21, 2011
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Wiszniewska-Bialecka, I.
Dittrich (Rapporteur), A.
Dehousse, F.
Prek, M.
Schwarcz, J.
Reference number
T-268/10
Language
English
Subject
Waste & hazardous substances, Legal questions
Keyword
Hazardous substances
Abstract
The formal process for including a substance on the Candidate List is set out in article 59 of REACH. This states that if the ECHA Member State Committee unanimously votes to identify a substance as an SVHC, ECHA must include it on the Candidate List and must publish and update the Candidate List on its website without delay. This is a separate application on 10 June 2010 challenging the inclusion of acrylamide in the Candidate List, which had been published on the ECHA website on 30 March 2010. ECHA and the Commission argued that the challenge had been brought more than two months and ten days after publication and was, therefore, out of time. The applicants referred to the General Court's Rules of Procedure, which provided that the time limit started from the end of the 14th day following publication of the contested decision. The Court ruled that that provision applied only (as it clearly stated) to acts published in the Official Journal of the EU. Since article 59 of REACH requires publication of the Candidate List on the ECHA website only and not in the Official Journal of the EU, the extra 14 days do not apply when inclusion of substances in the Candidate List is being challenged.
Full text
liste.jsf