On 11 July 2019, the General Court issued a judgment in case T-185/17 dismissing in its entirety an action brought by PlasticsEurope. This action was seeking the annulment of ECHA’s decision to include Bisphenol A (BPA; EC 201-245-8, CAS 80-05-7) in the Candidate List on the basis of its classification as toxic for reproduction category 1B.
In particular, the General Court confirmed that ECHA can include a substance in the Candidate List even if it has intermediate uses. Furthermore, the Court considered that:
- The inclusion in the Candidate List of a substance classified as toxic for reproduction category 1B is carried out solely on account of the intrinsic properties of that substance and not on account of its uses.
- When including a substance in the Candidate List, ECHA is not required to add a statement about the impact of that inclusion on any intermediate use of that substance.