As already outlined in our last International Hazardous Substances Newsletter[1], the German Federal Government launched legal action in relation to the EU Toy Safety Directive (Directive 2009/48/EC). In the lawsuit before the European Court of First instance, Germany's general aim is to maintain "the limit values for lead, barium, arsenic, antimony, mercury and nitrosamines and nitrosable substances in toys beyond the date of application of the Toy Safety Directive" (case no T-198/12) (2012/C 200/39).

In his decision dated 15 May 2013, the President of the Court allowed Germany to provisionally keep its national stricter values until the final decision of the General Court. This decision is available online by clicking here. (The decision is only available in German and French.) The official press statement of the court can be found by clicking here.

Toy manufacturers, importers or distributors should carefully monitor the on-going events, while companies that adjust their products to the new limit values of the Toy Safety Directive might – at least provisionally – face issues in Germany as a result of its stricter requirements. In the event that the German Federal Government succeeds with its lawsuit, the respective limit values across Europe could be affected.