Board of Appeal | Biofa GmbH Challenges Data Sharing Decision by CHA

Biofa GmbH, a German company, has appealed a decision made by the European Chemicals Agency (ECHA) regarding data sharing for an application to be included in the list of product-type 18 of silicium dioxide.

The dispute arose when a prospective applicant submitted a complaint to ECHA about a failure to reach an agreement on data sharing with Biofa GmbH.

ECHA assessed the evidence and concluded that the prospective applicant had made every effort to reach an agreement, but that Biofa GmbH had not, and imposed an additional condition concerning the payment of damages by the prospective applicant in relation to a commercial dispute between them.

Biofa GmbH is requesting the Board of Appeal to annul the decision, refund the appeal fee, and to take other measures as justice may require, arguing that the decision breaches Article 17 of the Charter of Fundamental Rights of the European Union without adequate justification.

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