Orders nº T-605/20 of Tribunal General de la Unión Europea, December 18, 2020

• Resolution Date: December 18, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-605/20

(Action for annulment - Application lodged via e-Curia - Article 56a(4) of the Rules of Procedure - Failure to fulfil procedural requirements - Manifest inadmissibility)

In Case T-605/20,

Plzeňská teplárenská, a.s. established in Pilsen (Czech Republic), represented by R. Varga, lawyer,

applicant,

v

European Chemicals Agency (ECHA),

defendant,

APPLICATION under Article 263 TFEU for annulment of Decision TPE-C-2114513534-56-01/F of ECHA of 10 March 2020 on designation of the registrants to perform tests required pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1, corrigendum OJ 2007 L 136, p. 3) concerning the substance Ashes (residues),

THE GENERAL COURT (Fourth Chamber),

composed of S. Gervasoni (Rapporteur), President, R. Frendo and J. Martín y Pérez de Nanclares, Judges,

Registrar: E. Coulon,

makes the following

Order

Procedure and form of order sought by the applicant

1 By application lodged at the Court Registry on 1 September 2020, the applicant, Plzeňská teplárenská, a.s, brought the present action.

2 The applicant claims that the Court should:

- annul the decision TPE-C-2114513534-56-01/F of ECHA on designation of the registrants to perform tests required pursuant to Article 40 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1, corrigendum OJ 2007 L 136, p. 3) concerning the substance Ashes (residues);

- order the defendant to pay the applicant’s costs.

Law

3 Under Article 126 of the Rules of Procedure of the General Court, where an action is manifestly inadmissible, the Court may, on a proposal from the Judge-Rapporteur, at any time decide to give a...