Nouryon Industrial Chemicals BV and Others v European Commission (T-868/19)

Judgment of 29 Mar 2023

law://eu/cjeu/2019/t-868-19/para_103@2026-11-14

103Having noted those interpretations, it appears that, despite the lack of a precise definition as to what is a particular concern on developmental neurotoxicity, within the meaning of the second paragraph of column 2 of Section 8.7.3. of Annex X, it follows from the very wording used in that provision (see paragraph 91 above), in particular from the word ‘concern’, which, in the context in question, means ‘worry’, that, for such a concern to exist, information of a certain nature held by the registrants or by the competent authority must establish that the substance in question has developmental neurotoxic effects, irrespective of effects that result from a more general toxicity, or even merely gives reasonable grounds for fearing that that substance might have those effects. Where there is such information, the purpose of the extended one-generation reproductive toxicity study including cohorts 2A and 2B is then to clarify, confirm or disprove the developmental neurotoxic effects of the substance.

Nouryon Industrial Chemicals BV and Others v European Commission (T-868/19)

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