By the Order issued on July 13, 2017, the President of the General Court has dismissed BASF Grenzach’s application for interim measures on the ground that it has not established the urgency of the interim measures requested.
- As regards the alleged risk of facing legal action for a possible infringement of the Cosmetics Regulation, the President has noted that the fact for BASF Grenzach of complying with the decision of the ECHA Board of Appeal — a decision which is individually addressed to it and which requires it to carry out animal testing — cannot result in it incurring liability under another EU measure of general scope (namely the Cosmetics Regulation). That risk therefore appears to be purely hypothetical in nature and cannot, therefore, establish the imminent risk of serious and irreparable harm.
- As for the alleged risk of losing its entire European market for triclosan, the President has noted that the harm claimed is of a financial nature and that, otherwise than in exceptional circumstances, pecuniary harm cannot be regarded as irreparable since, as a general rule, pecuniary compensation is capable of restoring the aggrieved person to the previous situation.
