Judgment_paragraph 59 · BASF Grenzach GmbH v European Chemicals Agency (T-125/17)

59It should be noted, at the outset, that none of the provisions of Regulation No 1907/2006, or of Regulation No 771/2008, expressly provide that, in the context of an action before it against a decision of the ECHA requesting further information in the evaluation of a substance, the Board of Appeal is to conduct a ‘de novo’ evaluation as envisaged by the applicant, that is to say an evaluation of the question whether, at the time when it rules on the action, in the light of all the relevant elements of fact and law, in particular scientific issues, a new decision with the same operative part as the decision contested before it may be lawfully adopted.

BASF Grenzach GmbH v European Chemicals Agency (T-125/17)

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