CELEX: 62009CJ0363
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

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.