European Court of Justice, Decision C-471/18 P of 21 January 2021
3 February 2021 – In this decision, the Federal Republic of Germany seeked to have set aside the judgment of the General Court of the European Union of 8 May 2018, Esso Raffinage v ECHA (T‑283/15), by which the General Court annulled a letter of the European Chemicals Agency (ECHA). The European Court of Justice dismissed the appeal in its entirety. With regard to the procedure for the registration of substances before the ECHA, the Court pointed out that it follows from the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation that a registrant is generally obliged to use animal testing only as a last resort and that it may, where ECHA has decided to request a study involving such testing, comply with that obligation by providing alternative information. Making use of that possibility cannot be regarded as calling in question the decision of the ECHA. On the contrary, the registrant remains obliged under that decision to submit the required study within the time limit prescribed, unless it can produce information which, while alternative, meets the requirements such that it can be classified as an ‘adaptation’, within the meaning of the relevant annexes to the REACH Regulation.
For the full decision, see here.