Sketching out the role and function of the ECHA Board of Appeal: Germany v ECHA and BASF v ECHA

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Abstract

In Germany v ECHA and BASF v ECHA , the General Court was asked, for the very first time, to review decisions of the European Chemical Agency (ECHA) Board of Appeal ( BoA). The General Court took this opportunity to define which role the BoA should play within ECHA, how it is to fulfil its function, how it stands out from the Boards of Appeal of other agencies, and how the BoA’s review compares to the General Court’s review. The General Court has confirmed that the BoA should not perform a de novo review, but that it cannot restrict itself to a review of the external legality of an act either. Together with the scope and the intensity of the review of this specific Board of Appeal, it has clarified some procedural issues, including the relationship between the BoA and the General Court itself.
Original languageEnglish
Pages (from-to)840-856
JournalEuropean Law Review
Volume45
Issue number6
Publication statusPublished - 2020

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