Opinion of the Advocate General — ECLI:EU:C:1998:211
Date: 1998-05-07
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the J u d g m e n t 
Approximation of laws — Restrictions on the marketing and use of dangerous substances and 
preparations — Directive 76/769, as amended by Directive 91/173 — Limit value for concentra­
tions of pentachlorophenol — Applicability to products treated with substances and preparations 
produced from pentachlorophenol — Excluded 
(Council Directive 76/769, as amended by Directive 91/173) 
The limit value established in the first sen­
tence of point 23 of Annex I to Directive 
76/769 relating to restrictions on the mar­
keting and use of certain dangerous substances 
and preparations, as amended by Directive 
91/173, is applicable to pentachlorophenol, its 
salts and esters and to preparations produced 
from those substances, but not to products 
treated with those substances or preparations. 
The Member States remain, therefore, in prin­
ciple free to fix limit values for such products 
independently. 
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