Work

Science in the Courtroom EU Courts Wisely Steer Clear of Judicial Passivism Joined Cases C-71/23 P and C-82/23 P, France and Commission/CWS Powder Coatings and Others [2025] ECLI:EU:C:2025:601

Year: 2026

Type: article

Abstract: In a ruling delivered on 1 August 2025, the Court of Justice upheld a General Court judgment annulling the classification as a suspected carcinogen of titanium dioxide in powder form containing at least 1% of particles of a diameter equal to or below 10 μm. Both EU Courts criticise the scientific assessment underlying that classification, but the Court of Justice relies on conceptual distinctions that reveal its reluctance to perform a genuine “manifest error of assessment” review. While these issues are not addressed by the Court of Justice, the case also raises thorny questions regarding the meaning of “intrinsic properties” of a substance.

Source: European Journal of Risk Regulation

DOI: 10.1017/err.2026.10082

Author: Antoine Bailleux

Institution: UCLouvain

Language: English

Topic: European and International Law Studies

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

Open Access status: gold

Estimated APC paid: $3,550

OpenAlex ID: W7128694739