Judgment_paragraph 99 · Global Silicones Council and Others v European Commission (C-558/21 P)

99In support of their third ground of appeal, the appellants also rely on an infringement of the principle of legal certainty and submit that they complied with the requirements laid down by the REACH Regulation in order to minimise emission and exposure in accordance with Section 6 of Annex I, and that they thereby satisfied the requisite conditions for the use of the substances concerned. In that connection, it should be recalled that the principle of legal certainty requires that EU rules enable those concerned to know precisely the extent of the obligations which are imposed on them, and that those persons must be able to ascertain unequivocally what their rights and obligations are and take steps accordingly (judgment of 29 March 2011, ArcelorMittal Luxembourg v Commission and Commission v ArcelorMittal Luxembourg and Others, C‑201/09 P and C‑216/09 P, EU:C:2011:190, paragraph 68 and the case-law cited). However, reliance on an infringement of the REACH Regulation before the General Court and the claim that the substances concerned meet the requisite conditions for their placement on the market were not sufficient for the appellants to succeed. Acceptance of the position defended by the appellants would suppose that, in all the situations in which registrants take the necessary steps to minimise emissions of a substance, the use thereof be authorised irrespective of the fact that a risk deemed unacceptable exists, which would not be in line with the intentions of the EU legislature.