Controversy Surrounding Company Size: EU Court Issues Judgements

In cases involving the ECHA and three Italian chemical companies, the European General Court issued three different judgements. In two cases, the court found for the plaintiffs (K Chimica and Crosfield), but found for the ECHA in another case (Marchi Industriale).

 The background of the legal controversy was the decision of the ECHA to classify the companies as large and thereby demand larger registration fees. The companies protested by filing a lawsuit.

 All three companies had registered several substances in 2010 and classified themselves as small and midsize companies. The ECHA then requested additional information and, based on that data, changed the initial classification from small and midsize to large companies.

 Missing information about the size of a company has created and continues to create legal conflicts. For a good overview of the topic, see our blog on Company Size as an Issue: The ECHA Offers Guidance.

 If you have questions about registration in the context of REACH, please contact us at any time at reach@kft.de.

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