Listing by ECHA of a substance as a candidate ‘substance of very high concern’ may be challenged in Luxembourg – The ECJ in Bilbaína de Alquitranes

In Bilbaína de Alquitranes, the ECJ (General Court) has held that producers of chemical substances may challenge the legality of the decision by ECHA to put a substance on the candidate list of ‘substances of very high concern’ under the REACH Regulation. The judgment is a useful addition to the strict conditions under the Treaty on European Union to seek judicial review of decisions made by the EU Institutions.

The appeal was rejected on substance, however both with respect to the issue of what are ‘final’ decisions that may be challenged, and on ‘individual’ and ‘direct’ concern, the judgment is worth a read. I have a summary of the issues pre-Lisbon over at SSRN. Especially in environmental matters, the Court’s case-law on locus standi has for a long time been very limiting.


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