EU Court Upholds Silica Hazard Classification, Sets Important Precedent for Chemical Manufacturers

The Court of Justice of the European Union upholds the European Commission's classification of surface-treated synthetic amorphous silica as potentially damaging to the lungs following repeated inhalation exposure. Rejecting Evonik's appeal, the Court finds that the company fails to substantiate its argument that the observed lung effects result from excessive particle accumulation rather than the substance's hazardous properties. The judgment also confirms that regulators may consider studies on related chemicals alongside direct testing data, that missed procedural deadlines do not automatically invalidate classifications, and that the CLP Regulation does not require a separate consultation on ECHA's scientific opinion.