April 23
2021
Dolores Utrilla
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26th February 2021
Consumer, Health & Environment Internal Market Justice & Litigation

Court of Justice upholds General Court’s judgment annulling partial authorisation of dangerous chemical substances but corrects temporal effects of annulment

The Court of Justice has given its judgment in Commission v Sweden (C-389/19 P), an appeal concerning the scope of the Commission’s discretion when authorising the placing on the market of certain chemicals and the temporal effects of judgments annulling these kinds of authorisations.

The case concerns the validity of Commission Implementing Decision C(2016) 5644 final of 7 September 2016 authorising certain uses of lead sulfochromate yellow and lead chromate molybdate sulfate red. Due to their carcinogenic and toxic properties for human reproduction, the placing on the market of these pigments, which are used mainly for road and bridge markings, had been subject to authorisation by Commission Regulation 125/2012 of 14 February 20

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