BASF and Others v Commission (Environment and protection of human health - Classification, labelling and packaging of certain substances and mixtures - Judgment) [2024] EUECJ T-453/22 (27 November 2024)

BASF and Others v Commission (Environment and protection of human health - Classification, labelling and packaging of certain substances and mixtures - Judgment) [2024] EUECJ T-453/22 (27 November 2024)

The Court found that the Commission did not breach the classification criteria for reproductive toxicity under Regulation (EC) No 1272/2008, properly considered the influence of maternal toxicity, and did not commit procedural errors. The intrinsic property of DTPA to bind zinc was sufficient to justify classification as toxic for reproduction, Category 1B, and the applicants' arguments were based on misinterpretation of the criteria.

Citation
[2024] EUECJ T-453/22
Parties
Applicant: BASF SE; Applicant: Dow Europe GmbH; Applicant: Nouryon Functional Chemicals BV; Respondent: European Commission; Intervener: French Republic; Intervener: European Chemicals Agency (ECHA)
Jurisdiction
European Union
Judgment Date
27 November 2024
Procedural Posture
Action for Annulment / Final Judgment
Outcome
action dismissed
Legal Topics
Harmonised Classification and Labelling, Reproductive Toxicity, Regulation (ec) No 1272/2008, Regulation (eu) 2022/692, Regulation (ec) No 1907/2006 (reach)
EU Administrative Law EU Environmental Law EU Chemical Regulation Harmonised Classification and Labelling Reproductive Toxicity Regulation (ec) No 1272/2008 Regulation (eu) 2022/692 Regulation (ec) No 1907/2006 (reach)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

BASF SE

Applicant

Dow Europe GmbH

Applicant

Nouryon Functional Chemicals BV

Applicant

European Commission

Respondent

French Republic

Intervener

European Chemicals Agency (ECHA)

Intervener

Procedural Posture

Action for Annulment / Final Judgment

Legal Issues

  1. 1 Whether Commission Delegated Regulation (EU) 2022/692 breaches classification criteria for reproductive toxicity under Regulation (EC) No 1272/2008
  2. 2 Whether the Commission failed to properly assess influence of maternal toxicity
  3. 3 Whether the Commission breached procedural obligations including public consultation and impact assessment

Ratio Decidendi

The Court found that the Commission did not breach the classification criteria for reproductive toxicity under Regulation (EC) No 1272/2008, properly considered the influence of maternal toxicity, and did not commit procedural errors. The intrinsic property of DTPA to bind zinc was sufficient to justify classification as toxic for reproduction, Category 1B, and the applicants' arguments were based on misinterpretation of the criteria.

Court Disposition

action dismissed

Orders

  • Applicants to pay costs