“The case decides that:
- The EU can legislate without an environmental impact assessment
- The EU can circumvent all the safeguards against arbitrary legislation in the REACH Regulation
- The EU can disregard the advice of their own scientific experts – The EU Chemicals Agency had said they were not convinced that microplastics are formed by oxo-biodegradable plastic.
- Expert evidence (eg the Eunomia Report) paid for by the EU is compelling, but expert evidence paid for by a claimant against the EU is “of no probative value.”
- Industry standards, written by experts in the field to replicate conditions likely to be experienced by a plastic product in the real world are of no value (except in relation to industrial composting).
- The court cited the difference between oxo-degradable and oxo-biodegradable plastic as defined by CEN, and did not rule that these two types of plastic are the same.
A more detailed statement will be issued next week.
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