Rütgers Germany GmbH and Others v European Chemicals Agency (ECHA) (T-96/10)

Judgment of 7 Mar 2013

law://eu/cjeu/2010/t-96-10/para_93@2026-11-14

93The authorisation procedure applies to all substances meeting the criteria set out in Article 57 of Regulation No 1907/2006. The first phase of the authorisation procedure is the identification of the substances referred to in that article for which a procedure in several stages is set out in Article 59 of Regulation No 1907/2006. According to recital 77 of the preamble to the regulation, in view of workability and practicality considerations, both as regards natural or legal persons, who have to prepare application files and take appropriate risk management measures, and as regards the authorities, who have to process authorisation applications, only a limited number of substances should be subjected to the authorisation procedure at the same time. As regards the choice of substances, Article 59(2) and (3) of Regulation No 1907/2006 provides that it is for the Commission or the Member State concerned to decide whether substances meet the criteria set out in Article 57 of the regulation. The legislature thus gave the Commission and the Member States a wide discretion, allowing a progressive implementation of the rules on the substances of very high concern set out in Title VII of Regulation No 1907/2006.

Rütgers Germany GmbH and Others v European Chemicals Agency (ECHA) (T-96/10)

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