Orders nº T-656/20 of Tribunal General de la Unión Europea, February 23, 2021

• Resolution Date: February 23, 2021
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-656/20

(Application for interim relief - REACH - Substance homosalate - Compliance check of registrations - Obligation to provide certain information requiring animal testing - Application for interim measures - No urgency)

In Case T-656/20 R,

Symrise AG, established in Holzminden (Germany), represented by R. Cana, E. Mullier and H. Widemann, lawyers,

applicant,

v

European Chemicals Agency (ECHA), represented by W. Broere, N. Knight and M. Heikkilä, acting as Agents,

defendant,

APPLICATION pursuant to Articles 278 TFEU and 279 TFEU for the grant of interim measures, first, to suspend implementation of Decision A-009-2018 of the Board of Appeal of ECHA of 18 August 2020, relating to the applicant’s registration dossier for homosalate and, second, to order the extension of the prescribed period to communicate the results of the tests for the duration of the suspension,

THE PRESIDENT OF THE GENERAL COURT

makes the following

Order

Background to the dispute, procedure and forms of order sought by the parties

1 The applicant, Symrise AG, imports the substance homosalate, of which it is the main declarant under 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, and corrigendum OJ 2007 L 136, p. 3; ‘the REACH Regulation’).

2 Homosalate is an organic single-component chemical substance which is used exclusively in cosmetic and personal care products as an ultraviolet filter.

3 That substance is included in Annex VI to Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ 2009 L 342, p. 59; ‘the Cosmetics Regulation’) as an ultraviolet filter authorised in cosmetic products with a maximum concentration of 10% in ready-for-use preparations.

4 On 13 March 2018, in the context of a compliance check of the registration of that substance, the European Chemicals Agency (ECHA) adopted a decision requesting the applicant to submit, by 21 September 2021 at the latest, certain information for the evaluation of the substance homosalate.

5 To that end, the appellant had to carry out four studies:

- first, a subchronic toxicity study carried out on rats;

- second, a prenatal developmental toxicity study carried out on a first species (rats or rabbits);

- third, an extensive toxicity study for reproduction in one generation carried out on rats;

- fourth, identification of degradation products.

6 On 12 June 2018, the applicant filed an appeal against that decision with the Board of Appeal of ECHA.

7 On 18 August 2020, the Board of Appeal of ECHA confirmed the ECHA decision and set the deadline for providing the requested information at 25 February 2024 (‘the contested decision’).

8 By application lodged at the Court Registry on 27 October 2020, the applicant brought an action seeking the annulment of the contested decision.

9 By separate document lodged at the Court Registry on 27 November 2020, the applicant brought the present application for interim measures, in which it claims, in essence, that the President of the Court should:

- suspend the operation of the contested decision with immediate effect, in accordance with Article 157(2) of the Rules of Procedure of the General Court;

- order the suspension of operation of the contested decision pending the decision of the General Court in the main proceedings;

- consequently, order the extension, for the duration of that suspension, of the prescribed period within which it is to submit the results of its tests, in the event that the action in the main proceedings is not upheld;

- grant any other interim measures deemed appropriate and hold an oral hearing as needed;

- order ECHA to pay the costs of the proceedings.

10 In its observations on the application for interim measures, lodged at the Court Registry on 14 December 2020, ECHA contends that the President of the Court should:

- reject the application for interim measures;

- reserve the costs.

Law

11 It is apparent from a combined reading of Articles 278 and 279 TFEU...