With a final judgment of 1 August 2025, the Court of Justice of the European Union confirmed the General Court’s decision partially annulling Commission Delegated Regulation (EU) 2020/217. As a result, titanium dioxide in powder form containing 1% or more of particles with an aerodynamic diameter of 10 ?m or less is no longer subject to harmonised classification as a category 2 carcinogen by inhalation under Regulation (EC) No 1272/2008.
The annulment concerns the specific classification entry (index number 022-006-00-2) and also renders void Annexes I and II of the delegated regulation, as well as Notes W and 10 in Annex III. This ruling definitively concludes the legal proceedings brought against the European Commission.

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European Union; CJEU judgment; Titanium dioxide; classification annulment; Delegated Regulation (EU) 2020/217 ; Category 2 carcinogen inhalation titanium dioxide; CLP Regulation; Article 37 harmonised classification