CELEX: 62010CN0420
Language: en
Date: 2010-08-23 00:00:00
Title: Case C-420/10: Reference for a preliminary ruling from the Landgericht Hamburg (Germany) lodged on 23 August 2010 — Söll GmbH v Tetra GmbH

23.10.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/25
            
         
      Reference for a preliminary ruling from the Landgericht Hamburg (Germany) lodged on 23 August 2010 — Söll GmbH v Tetra GmbH
      (Case C-420/10)
      ()
      (2010/C 288/43)
      Language of the case: German
      
         Referring court
      
      Landgericht Hamburg
      
         Parties to the main proceedings
      
      
         Applicant: Söll GmbH
      
         Defendant: Tetra GmbH
      
         Questions referred
      
      
                  1.
               
               
                  For a product to be classified as a ‘biocidal product’, within the meaning of Article 2(1)(a) of Directive 98/8/EC (1), must that product itself destroy, deter, render harmless, prevent the action of, or otherwise exert a controlling effect on the harmful organism directly by chemical or biological means, or is it sufficient that the product have an indirect effect on that harmful organism?
               
            
                  2.
               
               
                  If, for a product to be classified as a ‘biocidal product’ within the meaning of Article 2(1)(a) of Directive 98/8/EC, the Court of Justice deems that an indirect chemical or biological effect on the harmful organism is sufficient, what is required of the product’s indirect effect on the harmful organism in order to be able to classify such a product as a ‘biocidal product’, within the meaning of Article 2(1)(a) of Directive 98/8/EC, or is an indirect effect of any nature sufficient to establish a product’s biocidal quality?
               
            
         (1)  Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ 1998 L 123, p. 1).