EU REACH

November 25, 2014 | Written by GreenSoft Technology, Inc.

EU Court Dismisses Appeals on SVHC Status of Certain Substances

November 25, 2014｜Written by GreenSoft Technology, Inc.

For several years, three cases brought on by manufacturers appealing the SVHC status of certain substances have been ongoing, and this month the European General Court dismissed all three appeals and ordered the manufacturers to pay the costs.

The Cases
All three cases were filed on September 4, 2014. The first, case C-288/13 P, was filed by Rütgers Germany GmbG, Rütgers Belgium NV, Deza a.s., Industrial Química del Nalón SA, and Bibaína de Alquitranes SA. against the European Chemicals Agency (ECHA) appealing the inclusion of anthracene oil as a Substance of Very High Concern (SVHC) under REACH Article 59 and Annex XIII.

Case C-289/13 P was filed by Cindu Chemicals BV, Deza a.s., Koppers Denmark A/S, and Koppers UK Ltd against the ECHA and European Commission appealing the inclusion of anthracene oil, anthracene low as a SVHC.

And case C-290/13 P was filed by Rütgers Germany GmbG, Rütgers Belgium NV, Deza a.s., Koppers Denmark A/S, and Kippers UK Lt against the ECHA appealing the inclusion of anthracene oil (anthracene past) as a SVHC.

The Outcome
On November 17, all three appeals were dismissed and the companies that brought on the lawsuits were ordered to pay the costs. The full text of the decisions is available onlinehere.

This isn't the first time the EU courts have dismissed appeals to the SVHC list. In March 2013 and August 2014, the court made similar decisions to back the ECHA's SVHC list against appeals.