The General Court (Fourth Chamber, Extended Composition) decided that the European Commission infringed Regulation No 1935/2004 and Directive 2002/72 in adopting a decision (Decision 2010/169/EU) not to include an additive solely on the basis of the withdrawal of the initial application for inclusion of triclosan in the positive list of additives which may be used in the manufacture of plastic materials and articles intended to come into contact with foodstuffs, in circumstances where there is no legal basis allowing the adoption of such a decision. Therefore, The General Court annulled Commission Decision 2010/169/EU of 19 March 2010 concerning the non-inclusion of 2,4,4’-trichloro-2’-hydroxydiphenyl ether in the Union list of additives which may be used in the manufacture of plastic materials and articles intended to come into contact with foodstuffs under Directive 2002/72/EC.