ECHA decisions on data sharing disputes under REACH TABS

ECHA Decisions on data sharing disputes table 2019-2021


Issue date Decision Legal basis Outcome
for the claimant
26/09/2022 [PDF] 27(6) favourable* Every effort, lack of replies
26/09/2022 [PDF] 27(6) favourable* Every effort, lack of replies
30/05/2022 [PDF] 27(6) favourable* Every effort, substance sameness
19/04/2022 [PDF] 27(6) favourable Substance sameness, nanoform, prior data sharing agreement, transparency, itemisation of data costs, itemisation of administrative costs, justification of administrative costs, non-discrimination, every effort
03/12/2021 [PDF] 27(6) favourable Cost breakdown, transparency
11/10/2021 [PDF] 27(6) favourable Every effort, LoA costs, lack of prompt replies
08/10/2021 [PDF] 27(6) unfavourable Every effort, itemisation of costs, transparency, dispute filed not as a measure of last resort
18/08/2021 [PDF] 27(6) favourable* Every effort, LoA costs, lack of replies, representative (other than third party representative)
30/03/2021 [PDF] 27(6) favourable* Non-responsive lead registrant
26/03/2021 [PDF] 27(6) favourable* Transparency, Cost sharing Mechanism, Reimbursement, Itemisation of costs
11/03/2021 [PDF] 27(6) favourable Lack of justified response
29/01/2021  [PDF] 27(6) favourable Dossier
update; Substance identity; Patent; Information on the data and cost.
01/07/2020 [PDF] 27(6) favourable

Every effort, unjustified delays in providing the LoA costs

10/09/2019 [PDF] 27(6) favourable*

SIEF agreement, insolvency, legal constraints, justification, every effort

28/11/2019 [PDF] 27(6) favourable Annual increase, cost calculation, itemisation of costs, transparency, every effort
30/09/2019 [PDF] 27(6) favourable Cost breakdown, cost sharing mechanism, reimbursement, justification of administrative costs


27(6) favourable Every effort, additional condition after agreement, transparency, equal treatment, mandate to negotiate
05/08/2019 [PDF] 27(6) unfavourable LoA costs, Intellectual property rights, not all efforts exhausted
10/06/2019 [PDF] 27(6) unfavourable Scope of the request, cost calculation, itemisation of costs, every effort, SMEs
12/04/2019 [PDF] 27(6) favourable *

Absence of data sharing agreement, SIP and LoA costs, request for commercially sensitive information

14/02/2019 [PDF] 27(6) unfavourable Substance sameness, inquiry, every effort
10/01/2019 [PDF] 30(3) favourable SIEF, LoA costs, affiliates, unjustified delays in providing the SIEF agreement, failure to communicate timely

*) Note that decisions marked with an asterisk were closed without a final decision granting permission to refer being issued, as the claimant did not provide to ECHA a proof of the payment to the other party of a share of the costs incurred or the dispute was otherwise withdrawn.