On 1 August 2025, The Court of Justice of the European Union (CJEU) has delivered its judgment in Joined Cases C‑71/23 P and C‑82/23 P | France v CWS Powder Coatings and Others, confirming the annulment of the classification of certain powdered forms of titanium dioxide (TiO₂) as a category 2 carcinogen by inhalation. The Court upheld the decision of the General Court, dismissing the appeals lodged by the European Commission and the French Republic.
Background: CMR classification and General Court judgment
In 2019, under the framework of Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures (CLP Regulation), the European Commission adopted Delegated Regulation (EU) 2020/217, classifying titanium dioxide in powder form containing 1% or more of particles with aerodynamic diameter ≤ 10 μm as a CMR of category 2 (carcinogenic by inhalation).
This classification was based on assessments from the European Chemicals Agency’s (ECHA) Committee for Risk Assessment (RAC). However, multiple industry associations and companies, including CWS Powder Coatings GmbH and the British Coatings Federation, challenged the measure before the General Court.
In November 2022, the General Court annulled the Commission’s regulation, concluding that the classification was not supported by adequate scientific evidence as required under the CLP Regulation.
The judgment of the CJEU
In its recent ruling, the Court of Justice dismissed the Commission’s and France’s appeals in their entirety, thereby confirming the General Court’s 2022 decision.
The Court held that although the General Court was mistaken in assuming it could assess the appropriateness of the value of density used, it was correct in concluding that the RAC did not consider all the relevant factors for the purposes of assessing the scientific study in question.
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