The cases involved Decabromodiphenyl ether (known as “DecaBDE”) a flame retardant used extensively in electrical and electronic equipment casings.
Its use was to be banned, as from, 1 July 2006 Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment. However, on 13 October 2005 the Commission decided to exempt from the ban DecaBDE in polymeric applications (mainly use in electrical and electronic equipment casings): see Decision 2005/717/EC.
The lawfulness of that decision was challenged in two sets of proceedings under Article 230 of the EC Treaty
Instructed by the Treasury Solicitor’s Department for the UK.