The European Court of Justice annuls the existing RoHS exemption "9.a. DecaBDE in polymeric applications" included the COM decision 2005/717 of 31 October 2005. The Court bases its annulment on the first plea of the applicants (which are the European Parliament and Denmark supported by Portugal, Finland, Sweden and Norway) that argued that the Commission infringed article 5(1)b of Directive 2002/95/EC and acted ultra vires and/or misused its powers. However, the Court declares that the effects of this exemption are maintained until 30 June 2008 inclusive.
The initial COM decision 2005/717 is enclosed to this message.
The ruling of the Court from April 1, 2008 is available at:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62006J0014:EN:HTML
