Board of Appeal's press release: The Board of Appeal annuls an ECHA decision
The Board of Appeal has annulled an ECHA decision because it failed to appropriately consider the Appellant's interests when partially rectifying a contested decision. The Board of Appeal has remitted the case to ECHA for re-evaluation.
Helsinki, 25 September 2013 – In appeal case A-007-2012, following a compliance check under the dossier evaluation procedure, ECHA issued a final decision requiring the Appellant to submit certain information related to the substance identity of the registered substance. During the course of the appeal proceedings ECHA's Executive Director partially rectified the contested decision by, amongst other things, extending the deadline for the Appellant to submit the required information from two to three months.
The Board of Appeal found that in this particular case, as in practice the Appellant had only three days to comply with the rectified version of the contested decision once it had been notified to it, ECHA omitted to appropriately consider the Appellant's rights and interests. The Board of Appeal concluded that this constituted an infringement of the principle of good administration and consequently remitted the case to ECHA for re-evaluation.