Judgment — ECLI:EU:C:2010:399
Date: 2010-07-01
Language of the case: Spanish
Court formation: Sixth Chamber
Subject matter: Environment
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

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.