Opinion of the Advocate General — ECLI:EU:C:1997:476
Date: 1997-10-09
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Plant health legislation
Procedure: Action for failure to fulfil obligations - successful
Origin: Germany

Summary of the Judgmen t 
1. Aas of the institutions — Directives — Implementation by Member States — Transposition of 
a directive without legisUtion — Not permissible where a reference to the directive in legisL·-
tion is expressly required 
(EC Treaty, Art. 189, third para.) 
2. Agriculture — Approximation of laws — Placing on the market of pUnt protection products 
— Directive 91/414 — Implementation by the Member States — Need for transposition 
within the period prescribed — Community implementing measure not yet adopted — Irrel­
evant 
(EC Treaty, Art. 189, third para.; Council Directive 91/414) 
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SUMMARY — CASE C-l-37/% 
1. Domestic legislation already in force can­
not be regarded as ensuring transposition 
into domestic law of a directive which 
expressly requires the Member States to 
adopt provisions containing a reference 
thereto or accompanied by such refer­
ence. 
2. Directive 91/414 — the aim of which is to 
lay down the rules which Member States 
may apply concerning the conditions and 
procedures for the authorization of plant 
protection products — provides, in the 
interest of the free movement of those 
products, for the establishment of a Com­
munity list of authorized active 
substances and a system for the mutual 
recognition of authorizations granted by 
Member States. The fact that no active 
substances have yet been placed on that 
list cannot, in the absence of express pro­
vision to that effect, relieve Member 
States of their obligation to adopt within 
the period prescribed the measures neces­
sary to comply with the Directive. The 
point of transposing the relevant provi­
sions is to ensure that the principle of 
the mutual recognition of authorizations 
is implemented as soon as the active 
substances are listed. 
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