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Court of Justice of the European Communities (including Court of First Instance Decisions)
You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> European Commission v Kingdom of Spain (Judgment of the Court (Sixth Chamber)) [2010] EUECJ C-363/09 (1 July 2010)
URL: http://www.bailii.org/eu/cases/EUECJ/2010/C36309.html
Cite as: [2010] EUECJ C-363/09, ECLI:EU:C:2010:399, [2010] EUECJ C-363/9, EU:C:2010:399

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Judgment of the Court (Sixth Chamber) of 1 July 2010 – Commission v Spain

(Case C-363/09)

Failure of a Member State to fulfil obligations – Directive 91/444/EEC – Plant protection products – Application for authorisation to place on the market – Data protection

Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC; Council Directive 91/414) (see paras 16-19)

Re:

Failure of a Member State to fulfil obligations – Infringement of Article 13 of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1) – Data accompanying the application – Data use and protection – Confidentiality.

Operative part

The Court:

1.

Declares that, by maintaining in force Article 38 of Ley 43/2002 de sanidad vegetal (Law 43/2002 on plant health) of 20 November 2002, the Kingdom of Spain has failed to fulfil its obligations under Article 13 of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market;

2.

Orders the Kingdom of Spain to pay the costs.


The source of this judgment is the web site of EUR-Lex. The information in this database has been provided free of charge and is subject to a disclaimer and a copyright notice. This electronic version is not authentic and is subject to amendment.

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URL: http://www.bailii.org/eu/cases/EUECJ/2010/C36309.html