Court of Justice 18 June 2026, C-395/25 (Opinion of Advocate General Szpunar delivered on 18 June 2026.)

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In this Opinion delivered in Case C-395/25 (Orkla Care AB v Kemikalieinspektionen), Advocate General Szpunar opines on the interpretation of Article 35(2) of the CLP Regulation (Regulation (EC) No 1272/2008) concerning packaging requirements for hazardous substances and mixtures supplied to the general public. The AG proposes that the similarity assessment must consider all perceptible packaging characteristics (shape, size, volume, materials, design, labelling, colour, and odour), that temporary distinguishing devices not remaining intact throughout the product's life cycle should not be taken into account, and that the assessment must be conducted by reference to the national market of the enforcing Member State's authority. The AG further opines that the concept of 'consumer' encompasses all individuals who may access the product, including vulnerable persons and children, that a not insignificant (non-theoretical) likelihood of confusion suffices to establish non-compliance, and that neither the hazard class/category nor the specific risk profile of the substance or mixture is relevant to the packaging similarity assessment under that provision.AI