Judgment_paragraph 20 · SGL Carbon SE and Others v European Commission (C-65/21 P)

20They claimed, first, that the illegality of that classification as set out in the judgment of the General Court of 7 October 2015, Bilbaína de Alquitranes and Others v Commission (T‑689/13, not published, EU:T:2015:767), confirmed by the judgment of the Court of Justice of 22 November 2017, Commission v Bilbaína de Alquitranes and Others (C‑691/15 P, EU:C:2017:882), constitutes a sufficiently serious breach of a rule of law intended to confer rights on individuals. Second, they claimed, that that illegality had caused them financial harm in the total amount of EUR 1022172 including several costs: (i) costs incurred on account of the adaptation of the packaging and the conditions for transportation as set out in the UN Model Regulations for Transport of Dangerous Goods, that is to say, inter alia, the European Agreement concerning the International Carriage of Dangerous Goods by Road, the Regulations concerning the International Transport of Dangerous Goods by Rail and the International Maritime Dangerous Goods Code; (ii) the additional costs incurred as a result of the classification laid down in the regulation at issue, in order to update safety data sheets in accordance with Regulation No 1907/2006; (iii) the costs incurred in order to comply with Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ 2012 L 197, p. 1), which became applicable to the appellants as a result of the unlawful classification of CTPHT.