Fédération des entreprises du commerce et de la distribution (FCD) & Fédération des magasins de bricolage et de l'aménagement de la maison (FMB) v. Ministry of Ecology, Sustainable Development, and Energy
European Union Court of Justice
Case C-106/14 (2015)
- Written by Eric Miller, JD
Facts
In 2006, the European Union (EU) adopted a comprehensive chemical-management regulation called REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals). REACH required registration of all chemicals as a condition for market availability. Aside from chemical substances, REACH also regulated the articles that contain those substance, with registration required for articles that contained certain potentially dangerous chemicals over a 0.1-percent threshold. A dispute arose as to the meaning of the term “article.” Several EU member states argued that, in the case of an object comprised of numerous components, each component should itself be treated as an article. The European Chemicals Agency (ECHA) took the view that the object as a whole constituted the article. The case came before the European Court of Justice.
Rule of Law
Issue
Holding and Reasoning (Kokott, J.)
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