Case C-201/06: Judgment of the Court (Third Chamber) of 21 February 2008 — Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Plant protection products — Parallel imports — Marketing authorisation procedure — Conditions — Common origin of a plant protection product imported in parallel and the reference product)
Date: 2008-02-21
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, import licence, import restriction, intra-EU trade, plant health product

C 92/4

EN

Official Journal of the European Union

12.4.2008

2) A provision of national law which, in the context of non-adver-
sarial market analysis proceedings, grants party status only to
undertakings (formerly) having significant power on the relevant
market and in respect of which specific regulatory obligations are
imposed, amended or withdrawn is not, in principle, contrary to
Article 4 of Directive 2002/21. However, it is for the national
court to ensure that national procedural law guarantees the safe-
guarding of the rights which users and undertakings in competition
with an undertaking (formerly) having significant power on the
relevant market derive from the Community legal order
in a
manner which is not less favourable than that in which comparable
domestic rights are safeguarded and which does not prejudice the
effectiveness of the legal protection of those users and undertakings
guaranteed in Article 4 of Directive 2002/21.

(1) OJ C 22, 28.1.2006.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Commission of the European Communities to pay the

costs;

3. Orders the Kingdom of the Netherlands to bear its own costs.

(1) OJ C 165, 15.7.2006.

Judgment of the Court (Third Chamber) of 21 February
the European Communities v
2008 — Commission of

French Republic

(Case C-201/06) (1)

(Failure of a Member State to fulfil obligations — Plant
protection products — Parallel imports — Marketing authori-
sation procedure — Conditions — Common origin of a plant
imported in parallel and the reference
protection product

product)

(2008/C 92/05)

Language of the case: French

Judgment of the Court (Fourth Chamber) of 21 Febru-
ary 2008 (reference for a preliminary ruling from the
Bundesfinanzhof — Germany) — Netto Supermarkt GmbH
& Co. OHG v Finanzamt Malchin

(Case C-271/06) (1)

(Sixth VAT Directive — Article 15(2) — Exemption for
supplies of goods for export to a destination outside the Com-
munity — Conditions for exemption not fulfilled — Proof of
export falsified by the purchaser — Supplier acting with due
commercial care)

(2008/C 92/06)

Language of the case: German

Referring court

Bundesfinanzhof

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky, acting as Agent)

Parties to the main proceedings

Applicant: Netto Supermarkt GmbH & Co. OHG

Defendant: French Republic (represented by: G. de Bergues and
R. Loosli-Surrans, acting as Agents)

Defendant: Finanzamt Malchin

Intervener in support of the defendant: Kingdom of the Netherlands
(represented by H.G. Sevenster, acting as Agent)

Re:

Re:

Failure of a Member State to fulfil obligations — Article 28 EC
— Requirement that a plant protection product imported in
parallel and a reference product have a common origin

Reference for a preliminary ruling — Bundesfinanzhof — Inter-
pretation of Community law on VAT, in particular Article 15(2)
of Sixth Council Directive 77/388/EEC of 17 May 1977 on the
harmonisation of the laws of the Member States relating to
turnover taxes — Common system of value added tax: uniform
basis of assessment (OJ 1977 L 145, p. 1) — Reimbursement of
VAT on supplies of goods for export obtained on the basis of
forged documents — Exemption on grounds of fairness