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On 6 October 2021, the European Court of Justice published its judgment in Case C-458/19 P (Client Earth v. Commission) that concerns the authorisation process under the EU’s chemical legislation (REACH).
The Court dismissed the appeal lodged by Client Earth against a judgment in Case T-108/17 regarding a Commission decision rejecting a request from Client Earth to review a decision granting an authorisation for uses of DEHP. ECHA intervened in support of the Commission in that case.
The Court confirmed that the Commission did not commit any errors in law when it refused ClientEarth’s request to review that authorisation decision. In particular, the Court clarified that the hazardous properties of a substance that should be assessed when applying for an authorisation are only those listed in Annex XIV to REACH. Even if additional properties have been identified, they should only be considered once included into Annex XIV.
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