# C_2020068EN.01001301.xml

| 2.3.2020 | EN | Official Journal of the European Union | C 68/13 |
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2.3.2020

EN

Official Journal of the European Union

C 68/13

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Judgment of the Court (Ninth Chamber) of 19 December 2019 (request for a preliminary ruling from the College van Beroep voor het bedrijfsleven — Netherlands) — Darie BV v Staatssecretaris van Infrastructuur en Milieu

(Case C-592/18) (1)

(Reference for a preliminary ruling - Regulation (EU) No 528/2012 - Article 3(1)(a) and (c) - Concept of ‘biocidal product’ - Concept of ‘active substance’ - Bacterial product containing the bacterial species Bacillus ferment - Mode of action other than mere physical or mechanical action - Indirect action - Period within which effect takes place)

(2020/C 68/10)

Language of the case: Dutch

Referring court

College van Beroep voor het bedrijfsleven

Parties to the main proceedings

Applicant: Darie BV

Defendant: Staatssecretaris van Infrastructuur en Milieu

Operative part of the judgment

| 1. | The concept of ‘biocidal product’ within the meaning of Article 3(1)(a) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products must be interpreted as covering products containing one or more bacterial species, enzymes or other constituents which, due to the specific way in which they act, have no direct effect on the harmful organism for which they are intended, but on the creation or maintenance of a potential habitat of that harmful organism, provided that those products involve an action other than mere physical or mechanical action, which forms an integral part of a causal chain, the objective of which is to produce an inhibiting effect in relation to those organisms; |
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1.

The concept of ‘biocidal product’ within the meaning of Article 3(1)(a) of Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products must be interpreted as covering products containing one or more bacterial species, enzymes or other constituents which, due to the specific way in which they act, have no direct effect on the harmful organism for which they are intended, but on the creation or maintenance of a potential habitat of that harmful organism, provided that those products involve an action other than mere physical or mechanical action, which forms an integral part of a causal chain, the objective of which is to produce an inhibiting effect in relation to those organisms;

| 2. | Article 3(1)(a) of Regulation No 528/2012 must be interpreted as meaning that the fact that a product must be applied to the surface to be treated only after the removal of target harmful organisms present on that surface does not affect the classification of that product as a ‘biocidal product’ within the meaning of that provision; |
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2.

Article 3(1)(a) of Regulation No 528/2012 must be interpreted as meaning that the fact that a product must be applied to the surface to be treated only after the removal of target harmful organisms present on that surface does not affect the classification of that product as a ‘biocidal product’ within the meaning of that provision;

| 3. | Article 3(1)(a) of Regulation No 528/2012 must be interpreted as meaning that the period within which a product takes effect does not affect the classification of that product as a ‘biocidal product’ within the meaning of that provision. |
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3.

Article 3(1)(a) of Regulation No 528/2012 must be interpreted as meaning that the period within which a product takes effect does not affect the classification of that product as a ‘biocidal product’ within the meaning of that provision.

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(1)  OJ C 436, 3.12.2018.

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