Sat. Feb 22nd, 2025
- This event has passed.
Schlussanträge der Generalanwältin am EU-Gerichtshof in den Rechtsmittelsachen C‑71/23 P Frankreich / CWS Powder Coatings u. a. und C‑82/23 P Kommission / CWS Powder Coatings u. a.
06 February
Donnerstag, 6. Februar 2025
Schlussanträge der Generalanwältin am EU-Gerichtshof in den verbundenen Rechtsmittelsachen C‑71/23 P Frankreich / CWS Powder Coatings u. a. und C‑82/23 P Kommission / CWS Powder Coatings u. a.
Titandioxid
Titandioxid ist ein anorganischer chemischer Stoff, der insbesondere in Form eines Weißpigments wegen seiner färbenden und deckenden Eigenschaften in diversen Produkten (von Farben über Arzneimittel bis hin zu Spielzeug) verwendet wird.
Auf die Initiative Frankreichs hin und nach Stellungnahme des Ausschusses für Risikobeurteilung der Europäischen Chemikalienagentur nahm die Kommission mit Verordnung 2020/2172 die harmonisierte Einstufung und Kennzeichnung von Titandioxid vor und stellte feste, dass es sich dabei um einen Stoff handele, bei dem der Verdacht bestehe, dass er beim Menschen karzinogene Wirkung habe, wenn er in Pulverform mit mindestens 1 % Partikel mit aerodynamischem Durchmesser von höchstens 10 μm eingeatmet werde.
Die Unternehmen CWS Powder Coatings, Brillux, Daw, Billions Europe u.a. haben diese Verordnung vor dem Gericht der EU angefochten, mit Erfolg: Mit Urteil vom 23. November 2022 erklärte das Gericht die Verordnung für nichtig, soweit sie die harmonisierte Einstufung und Kennzeichnung von Titandioxid in bestimmten Pulverformen als karzinogener Stoff bei Einatmen betrifft.
Die Kommission habe einen offensichtlichen Fehler bei der Beurteilung der Zuverlässigkeit und der Anerkennung der Studie begangen, auf der die Einstufung beruhte, und habe gegen das Kriterium verstoßen, wonach sich diese Einstufung nur auf einen Stoff mit der intrinsischen Eigenschaft, Krebs zu erzeugen, beziehen dürfe (siehe Pressemitteilung Nr. 190/22)
Frankreich und die Kommission haben gegen dieses Urteil des Gerichts Rechtsmittel beim Gerichtshof eingelegt.
Generalanwältin Ćapeta legt heute ihre Schlussanträge vor. Die Verlesung der Schlussanträge wird auf unserer Website Curia live gestreamt.
Weitere Informationen C-71/23 P
Weitere Informationen C-82/23 P
Details
- Date:
- 06 February
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C‑71/23 P Frankreich / CWS Powder Coatings u. a., C‑82/23 P Kommission / CWS Powder Coatings u. a., Titandioxid
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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