Judgment of the Court (Seventh Chamber) of 15 October 2020.Deza, a.s. v European Commission.Appeal – Environment – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of substances and mixtures – Regulation (EU) 2017/776 – Classification of anthraquinone – Substance suspected to have carcinogenic potential for humans – Errors of interpretation and application of Regulation 1272/2008 and the principle of legal certainty – Distortion of the facts and of the evidence – Scope of review.Case C-813/18 P.

Judgment // 15/10/2020 // 2 min read
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Judgment of the Court (Seventh Chamber) of 15 October 2020 – Deza v Commission

(Case C‑813/18 P) ( 1 )

(Appeal – Environment – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of substances and mixtures – Regulation (EU) 2017/776 – Classification of anthraquinone – Substance suspected to have carcinogenic potential for humans – Errors of interpretation and application of Regulation 1272/2008 and the principle of legal certainty – Distortion of the facts and of the evidence – Scope of review)

  1. Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted

(Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.)

(see paras 37, 38)

  1. Approximation of laws – Classification, packaging and labelling of substances and mixtures – Regulation No 1272/2008 – Adaption to scientific and technical progress – Classification of anthraquinone as a carcinogenic substance – Discretion of the EU authorities – Scope – Judicial review – Limits

(European Parliament and Council Regulation No 1272/2008)

(see paras 40, 41)

  1. Appeal – Grounds – Inadequate or contradictory grounds – Admissibility – Scope of the obligation to state reasons – Reliance by the General Court on implied reasoning – Whether permissible – Conditions

(Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.)

(see paras 57, 58, 84, 85)

  1. Appeal – Grounds – Error of law relied on not identified – Inadmissibility

(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169(2))

(see paras 96, 97)

Operative part

The Court:

  1. Dismisses the appeal.

  2. Orders Deza a.s. to bear its own costs and to pay those incurred by the European Commission.

  3. Orders the Republic of Finland, the Kingdom of Sweden and the European Chemicals Agency (ECHA) to bear their own costs.

( 1 ) OJ C 93, 11.3.2019.

Consumer protection , Environment