In a judgment delivered on Thursday, April 20, 2023 (Case C-144/21), the Court of Justice of the European Union annulled the European Commission’s decision (C(2020) 8797) granting an authorization for certain uses (Uses 1, 2 , 4 and 5) of Chromium Trioxide under the REACH regulation (1907/2006) governing the authorisation of chemicals in the EU.
WHAT ARE THE REASONS OF ANNULMENT
The reasons were the following:
- The Commission authorised uses of chromium trioxide on the basis of a risk assessment to human health which did not meet the requirements of Article 60(4) to REACH.
- The Commission was not in a position to conclude that there are no suitable alternatives for the authorised uses.
European Commission must issue a new decision on the application within one year from the publication of Court of Justice decision. In the meantime, users can continue the use of Chromium Trioxide under so called “transitional arrangements” until the decision is issued.
