The ECJ has ruled in two references from the High Court concerning the classification of chemicals. The judicial review proceedings had challenged the validity of EU regulations which classified certain nickel and borate substances as harmful. Rejecting those challenges, the ECJ stressed that in a complex technical and legal context, which it described as being "in essence in a state of flux", the EU Commission has a broad discretion as to the measures which it can take to take account of technical progress.
The judgment in case C-14/10 is here.
The judgment in case C-15/10 is here.
David Anderson QC and Victoria Wakefield appeared for the Nickel Institute in Case C-14/10 Nickel Institute v Secretary of State for Work and Pensions
Jemima Stratford QC and Victoria Wakefield appeared for Etimine and Sarah Lee for Borax in Case C-15/10 Etimine v Secretary of State for Work and Pensions