Court of Justice confirms General Court rulings on the biocidal active substance PHMB
On 10 November 2022, the European Court of Justice dismissed in its entirety an appeal brought by Laboratoire Pareva against the judgments of the General Court in joined cases T-337/18 and T-347/18 Laboratoire Pareva v. Commission.
The judgments confirmed the Commission’s decision to not approve the biocidal active substance PHMB in product-types 1, 5 and 6, and to only approve the substance for limited uses in product-types 2 and 4, on the basis of unacceptable risk to human health and the environment. ECHA supported the Commission in this case.
The Court of Justice found that Laboratoire Pareva had failed to demonstrate any error of law by the General Court.
Judgment
General Court upholds Commission decisions on the biocidal active substances silver zeolite and silver copper zeolite
On 16 November 2022, the General Court dismissed two actions brought by Sciessent LLC challenging the Commission’s decisions to not approve silver zeolite and silver copper zeolite for use as active substances in biocidal product-types 2 and 7.
The Court found that there had been no procedural errors, discrimination or manifest errors of assessment. The Court also found that the evaluating competent authority correctly interpreted the law when it requested the applicant to provide the result of a tier 2 efficacy test to show the efficacy of the substances for use in treated articles.
In these two cases, ECHA acted as an intervener in support of the Commission.
Judgment
General Court annuls harmonised classification of titanium dioxide as carcinogenic
On 23 November 2022, in its judgment in joined cases T-279/20, T-283/20 and T-288/20, the General Court considered that the Commission made a manifest error in its assessment of the reliability and acceptability of the study on which the classification was based. It also found that the Commission infringed the criterion according to which that classification can relate only to a substance that has the intrinsic property to cause cancer.
ECHA acted as an intervener in support of the Commission in these cases as the classification was based on an opinion of its Committee for Risk Assessment.
Judgment
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