Herb Estreicher in January 28 Chemical Watch Article

Keller and Heckman Partner Herb Estreicher was mentioned in the Chemical Watch article, “CJEU Confirms ECHA’s Sole Legal Mandate for Dossier Compliance Evaluation Follow-Ups.” The article is about the European Court of Justice (CJEU) confirming that the European Chemicals Agency (ECHA) has the "exclusive competence" to issue legally binding decisions during the follow-up process to dossier evaluation, clarifying a legal grey area on the authority of ECHA and member states under the Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH). 

The court dismissed an appeal last month which had been lodged by Germany against ECHA and the French oil company Esso Raffinage over the use of “statements of non-compliance”, or Soncs, confirming a 2018 judgment by the EU General Court on ECHA’s dossier evaluation mandate. 

Although ECHA’s role as the sole evaluating authority for dossier compliance is widely accepted, Germany’s appeal had raised the question of whether member state enforcement authorities have a mandate to intervene in the follow-up of the dossier evaluation process. 

ECHA supported the General Court’s view that the original Sonc was a binding legal decision, and that Esso Raffinage did have the authority to apply for its annulment. Herb, who represented ECHA and Esso Raffinage, said the dismissal of Germany’s appeal was not unexpected. 

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