Opinion of the Advocate General — ECLI:EU:C:2005:179
Date: 2005-03-17
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment Approximation of laws – Restriction on the placing on the market and use of dangerous substances and preparations – Directive 76/769 – Exhaustive character of the provisions – Inability of a Member State to lay down other conditions – Possible exceptions in the case of application of specific Community provisions (Council Directive 76/769, as amended by Directive 94/60) Directive 76/769 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations, as amended by Directive 94/60, must be interpreted as not permitting a Member State to impose on the placing on the market and use of a biocidal product the active substance of which is included in Annex I thereto conditions other than those which the directive lays down, without prejudice to the application of other relevant Community provisions laying down specific conditions for that product. (see para. 49, operative part)