Judgment of the General Court (First Chamber) of 18 July 2017

1. Judicial proceedingsRules on languagesProduction of procedural documents in a language other than that of the caseAdmissibility criteria

(Rules of Procedure of the General Court, Art. 46)

(see para. 21)

2. Approximation of lawsRegistration, evaluation, authorisation and restriction of chemicalsREACH RegulationFees due to the European Chemicals Agency (ECHA)Reduction in the fee granted to small and medium-sized undertakingsClassification of an undertaking as small or medium-sizedDetermination on the basis of criteria defined in Recommendation 2003/361Account taken of national law applicable to the undertaking at issueNot included

(European Parliament and Commission Regulation No 1907/2006, Art. 3, point 36; Commission Regulation No 340/2008, ninth recital and Art. 2; Commission recommendation 2003/361, Annex, Art. 2(1))

(see paras 34, 40, 44)

3. EU lawPrinciplesProtection of legitimate expectationsClaim against an EU regulationConditionsRequirement for an EU institution to have created a situation capable of giving rise to a legitimate expectationAttribution of conduct giving rise to that expectation to a national authorityNo legitimate expectations

(see paras 46, 47)

4. Approximation of lawsRegistration, evaluation, authorisation and restriction of chemicalsREACH RegulationFees due to the European Chemicals Agency (ECHA)CalculationAccount taken of costs borne by ECHA by reason of incorrect information provided by the registrant undertakingLawfulnessRequirement for the ECHA to show the existence of an intention by the applicant to mislead it as to its sizeNone

(Commission Regulation No 340/2008, eleventh recital and Art. 13(3) and (4)

(see paras 66, 71-73)

5. Approximation of lawsRegistration, evaluation, authorisation and restriction of chemicalsREACH RegulationFees due to the European Chemicals Agency (ECHA)CalculationFixing an incorrect amount of the fee following the communication by the applicant undertaking of false information as to its sizeImposition of an administrative charge corresponding to 2.5 times the gain acquiredBreach of principle of proportionalityNone

(Commission Regulation No 340/2008, Art. 13(4))

(see paras 91, 92, 95-98)

6. Approximation of lawsRegistration, evaluation, authorisation and restriction of chemicalsREACH RegulationFees due to the European Chemicals Agency (ECHA)CalculationAccount taken of costs borne by ECHA by reason of incorrect information provided by the registrant undertakingECHA’s power to set the calculation methodLimitsRequirement of an exact correlation between the amount of the administrative charge imposed and the costs incurred by the ECHANone

(Commission Regulation No 340/2008, eleventh recital and Art. 11(5))

(see paras 121-124, 129, 132)

7. Approximation of lawsRegistration, evaluation, authorisation and restriction of chemicalsREACH RegulationFees due to the European Chemicals Agency (ECHA)CalculationAccount taken of costs borne by ECHA by reason of incorrect information provided by the registrant undertakingFixing the amount of the administrative charge on the basis of the provisional costs relating to all of the checking proceduresLawfulness

(Commission Regulation No 340/2008, eleventh recital and Art. 11(5))

(see paras 136-138)

8. European OmbudsmanCode of Good BehaviourBinding effectNone

(Art. 228 TFEU)

(see para. 142)

9. Approximation of lawsRegistration, evaluation, authorisation and restriction of chemicalsREACH RegulationFees due to the European Chemicals Agency (ECHA)Reduction in the fee granted to small and medium-sized undertakingsInfringement of the principle of equal treatment as regards large corporationsNone

(European Parliament and Council Regulation No 1907/2006, eighth recital and Art. 74(3); Commission Regulation No 340/2008, ninth recital and Art. 2)

(see paras 144-147)

Re:

APPLICATION under Article 263 TFEU, seeking first, the annulment of Decision SME(2015) 4950 of the ECHA of 3 November 2015 which states that the applicant does not fulfil the conditions to receive a reduction of the fee for small enterprises and imposing an administrative charge on it and, second, the annulment of invoice No 10054011 issued by the ECHA following the adoption of Decision SME(2015) 4950.

Operative part

The General Court:

1. Dismisses the action;

2. Orders EDF Toruń S.A. to pay the costs.