Judgment of the General Court (First Chamber) of 16 January 2018.Dehtochema Bitumat s. r. o. v European Chemicals Agency.REACH — Fee payable for registration of a substance — Reduction granted to SMEs — Recommendation 2003/361/EC — Notion of linked undertaking — Submission of a ‘Declaration of Wrong Enterprise Size’ — 50% reduction of the amount of the applicable administrative charge — Authority of the ECHA — Cessation of production of the substance.Case T-630/16.

Judgment // 16/01/2018 // 2 min read
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Judgment of the General Court (First Chamber) of 16 January 2018 — Dehtochema Bitumat v ECHA

(Case T‑630/16)

(REACH — Fee payable for registration of a substance — Reduction granted to SMEs — Recommendation 2003/361/EC — Notion of linked undertaking — Submission of a ‘Declaration of Wrong Enterprise Size’ — 50% reduction of the amount of the applicable administrative charge — Authority of the ECHA — Cessation of production of the substance)

1

Application for interim measures—Admissibility criteria—Application—Formal requirements—Separate document—None—Inadmissibility

(Art. 278 TFEU; Rules of Procedure of the General Court, Art. 156(5))

(see para. 24)

2

Approximation of laws—Registration, evaluation, authorisation and restriction of chemicals—REACH Regulation—Fees due to the European Chemicals Agency (ECHA)—Reduction in the fee for micro, small and medium-sized enterprises—Determination of the size of an enterprise—Consideration of related undertakings—Concept of related undertaking

(Commission Regulation No 340/2008, Art. 2; European Parliament and Council Directive No 2013/34, Art. 2, paras 11 and 12; Council Directive 83/349, as amended by Directive 2001/65, Arts 1 and 41; Commission recommendation 2003/361, Recitals 9 and 11 and Annex, Art. 3(3))

(see paras 45-48)

3

Approximation of laws—Registration, evaluation, authorisation and restriction of chemicals—REACH Regulation—Fees due to the European Chemicals Agency (ECHA)—Reduction in the fee for micro, small and medium-sized enterprises—Determination of the size of an enterprise—ECHA’s verification of the undertaking’s declaration—No demonstration by the undertaking of its status as a micro, small or medium-sized enterprise—Option for the undertaking to lodge a declaration of an incorrect size of undertaking and to benefit from a reduction of the amount of the administrative charge due by way of a correction—Lawfulness

(Commission Regulation No 340/2008, Recital [11](https://case-trace.com/x/eurlex/32008R0340#article-11) and Arts [11](https://case-trace.com/x/eurlex/32008R0340#article-11) (5) and 13 (4))

(see paras 61, 63, 65-69)

4

Approximation of laws—Registration, evaluation, authorisation and restriction of chemicals—REACH Regulation—Fees due to the European Chemicals Agency (ECHA)—Cessation of production of the registered substance—No obligation on ECHA to reimburse the costs incurred by way of the registration

(European Parliament and Council Directive No 1907/2006, Art. 74(3))

(see paras 72-74)

Re:

Application based on Article 263 TFEU seeking annulment of Decision SME(2016) 3038 of the ECHA of 7 July 2016 which states that the applicant does not fulfil the conditions to receive a reduction of the fee for medium-sized enterprises and imposing an administrative charge on it.

Operative part

The Court:

  1. Dismisses as inadmissible the application for the suspension of the enforcement of Decision SME(2016) 3038 of the European Chemicals Agency (ECHA) of 7 July 2016;

  2. Dismisses the action as to the remainder;

  3. Orders Dehtochema Bitumat s. r. o. to pay the costs.

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