Opinion of the Advocate General on the classification of titanium dioxide
On 6 February 2025, the Advocate General issued a non-binding opinion recommending that the European Court of Justice (ECJ) set aside the Judgment of the General Court, which annulled the classification of certain forms of titanium dioxide (TiO2) in the joined cases C 71/23 P and C 82/23 P. The TDMA disagrees with the arguments in the opinion and considers it critically important that decisions taken by the Commission, even on complex scientific facts, remain subject to effective judicial review, including those of a scientific nature.
Opinions of the Advocate General are recommendations that do not represent the final judgment of the court. The ECJ itself is expected to issue its formal ruling in May or June 2025. Though the Advocate General is influential, the TDMA hope that the sound reasoning of the Judgment of the General Court from November 2022 will prevail in the final decision of the ECJ.
Even if the ECJ overturns the lower court, the cases are expected to be sent back to the General Court to consider the remaining pleas.
It should also be noted that the vast majority of TiO2 forms put on the market do not meet the criteria for classification and remain unaffected by the final decision. Nevertheless, the TDMA stands by the original Judgment’s clear finding that there was no reliable basis for the classification.
The TiO2 industry is continuing to invest millions of Euros into various scientific programmes to confirm the safety of TiO2.
