The European Court of Justice (ECJ) has annulled the Commission Delegated Regulation 2020/217 of 2019, which added titanium dioxide to Annex VI of the CLP Regulation in the hazard class carcinogenicity, hazard category 2. The classification was based on a RAC opinion delivered after the French competent authority, ANSES, had submitted a classification proposal to ECHA.

The Court found that, in following the RAC opinion, the Commission made a manifest error in its assessment of the reliability and acceptability of the study on which the classification was mainly based; it also found that the decision was in breach of the criterion according to which the classification can relate only to a substance that has the intrinsic property to cause cancer.

The full judgment can be read at this link. An NIA summary of the Court reasoning is available here.