Judgment_paragraph 1 · Nouryon Functional Chemicals BV and Others v European Chemicals Agency (T-1122/23)

1By their action under Article 263 TFEU, the applicants, Nouryon Functional Chemicals BV, Arkema GmbH, Pergan Hilfsstoffe für industrielle Prozesse GmbH and United Initiators GmbH, seek the annulment of Decision A-009-2022 of the Board of Appeal of the European Chemicals Agency (ECHA) of 19 September 2023 (‘the contested decision’), by which the Board of Appeal dismissed in part their appeal brought against the decision of ECHA of 8 June 2022 on the compliance check of the registration dossier for the substance di-tert-butyl 1,1,4,4-tetramethyltetramethylene diperoxide (‘the substance concerned’) adopted under Article 41 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1, and corrigendum OJ 2007 L 136, p. 3; ‘the REACH Regulation’) (‘the initial decision’).

Nouryon Functional Chemicals BV and Others v European Chemicals Agency (T-1122/23)

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