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Document 62010CN0014
Case C-14/10: Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) made on 11 January 2010 — Nickel Institute v Secretary of State for Work and Pensions
Case C-14/10: Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) made on 11 January 2010 — Nickel Institute v Secretary of State for Work and Pensions
Case C-14/10: Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) made on 11 January 2010 — Nickel Institute v Secretary of State for Work and Pensions
OJ C 63, 13.3.2010, p. 38–39
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
13.3.2010 |
EN |
Official Journal of the European Union |
C 63/38 |
Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) made on 11 January 2010 — Nickel Institute v Secretary of State for Work and Pensions
(Case C-14/10)
2010/C 63/61
Language of the case: English
Referring court
High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)
Parties to the main proceedings
Applicant: Nickel Institute
Defendant: Secretary of State for Work and Pensions
Questions referred
1. |
Are Commission Directive 2008/58/EC (1) (the ‘30th ATP Directive’) and/or Commission Regulation (EC) No 790/2009 (2) (the ‘1st ATP Regulation’), to the extent that they purport to classify or reclassify the Nickel Carbonates for the relevant endpoints, invalid in that:
|
2. |
Are Commission Directive 2009/2/EC (5) (the ‘31st ATP Directive’) and or the 1st ATP Regulation invalid, to the extent that they purport to classify or reclassify the Nickel Hydroxides and the Grouped Nickel Substances (together, the ‘Contested Nickel Substances’) in the specified respects, in that:
|
3. |
Is the 1st ATP Regulation invalid, so far as it concerns the Nickel Carbonates and the Contested Nickel Substances, in that:
|
(1) Commission Directive 2008/58/EC of 21 August 2008 amending, for the purpose of its adaptation to technical progress, for the 30th time, Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (Text with EEA relevance)
OJ L 246, p. 1
(2) Commission Regulation (EC) No 790/2009 of 10 August 2009 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (Text with EEA relevance)
OJ L 235, p. 1
(3) Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances
OJ 196, p. 1
(4) Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances
OJ L 84, p. 1
(5) Commission Directive 2009/2/EC of 15 January 2009 amending, for the purpose of its adaptation to technical progress, for the 31st time, Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (Text with EEA relevance)
(6) Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (Text with EEA relevance)
OJ L 353, p. 1