Judgment in Joined Cases T-279/20 Brillux and Daw v Commission, T-288/20 CWS Powder Coatings v Commission, T-283/20 Billions Europe and others v Commission

Wednesday 23rd November 2022

Judgment in Joined Cases T-279/20 Brillux and Daw v Commission, T-288/20 CWS Powder Coatings v Commission, T-283/20 Billions Europe and others v Commission

(Approximation of Laws)

Titanium dioxide is an inorganic chemical substance used, in particular as a white pigment, for its colouring and coating properties in a variety of products, ranging from paints to medicines and toys. In 2016, the French competent authority submitted a proposal to the European Chemicals Agency (ECHA) to classify titanium dioxide as a carcinogen. The following year, ECHA’s Committee for Risk Assessment (hereinafter the “RAC”) delivered its opinion which concluded that titanium dioxide should be classified as a category 2 carcinogen, with the hazard statement “H 351 (inhalation)”.

The Commission, on the basis of the ERC opinion, adopted Regulation 2020/217, by which it proceeded with the harmonised classification and labelling of titanium dioxide, recognising that the substance was carcinogenic to humans, by inhalation, in the form of a powder containing 1% or more of particles of 10 μm or less in diameter.

The applicants, in their capacity as manufacturers, importers, downstream users or suppliers of titanium dioxide, asked the Court to annul Regulation 2020/217 in part.

Background Documents T-279/20