Ashurst advises in successful Titanium Dioxide classification case before EU General Court

Global law firm Ashurst represented the European Council of the Paint, Printing Ink and Artist’s Colours Industry (CEPE); the British Coating Federation (BCF); and the American Coatings Association (ACA) who intervened in support of the Titanium Dioxide manufacturers.

On 23 November 2022, the EU General Court handed down an important judgment annulling the EU classification and labelling of Titanium Dioxide as a carcinogenic substance by inhalation in certain powder forms. The Court found that the European Commission had made a manifest error in its assessment of the reliability and acceptability of the study on which the classification was based and that it wrongly applied EU classification criteria to a substance that has no intrinsic property to cause cancer.

The Ashurst team advising was led by Brussels competition partner Denis Waelbroeck and counsel Irene Antypas.

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