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Court cases
European Court of Justice partially annuls authorisation decision for certain uses of chromium trioxide
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The European Court of Justice has annulled the Commission's decision of 18 December 2020 (Chemservice GmbH and others) granting an authorisation for certain uses of chromium trioxide. The reasons were the following:
- The Commission authorised uses of chromium trioxide on the basis of a risk assessment to human health which did not meet the requirements of Article 60(4) to REACH.
- The Commission was not in a position to conclude that there are no suitable alternatives for the authorised uses.
The Court further decided that the effects of the Commission decision should be maintained for one year until the Commission has taken a new decision.
The judgment is available at the following link: Judgment C-144/21
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Advocate General proposes to uphold siloxanes restriction and SVHC decisions
In her non-binding opinions, the Advocate General of the European Court Justice considered that two appeals challenging the General Court’s judgments in relation to the substances D4, D5 and D6 should be dismissed.
The first case (C-558/21 P) concerns a restriction on substances D4 and D5 in wash-off cosmetic products, which the General Court had upheld.
The second case (C-559/21 P) is about whether the General Court correctly upheld ECHA’s decision to identify substances D4, D5 and D6 as substances of very high concern (SVHC) because of their persistent, bioaccumulative and toxic (PBT)/very persistent and very bioaccumulative (vPvB) properties.
More information in the opinions: C-559/21 P and C-558/21 P.
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