CELEX: 62009CA0363
Language: en
Date: 2010-07-01 00:00:00
Title: Case C-363/09: Judgment of the Court (Sixth Chamber) of 1 July 2010 — European Commission v Kingdom of Spain (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)

28.8.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 234/15
            
         Judgment of the Court (Sixth Chamber) of 1 July 2010 — European Commission v Kingdom of Spain
   (Case C-363/09) (1)
   
   (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)
   2010/C 234/21
   Language of the case: Spanish
   
      Parties
   
   
      Applicant: European Commission (represented by: L. Parpala and F. Jimeno Fernández, acting as Agents)
   
      Defendant: Kingdom of Spain (represented by: J. López-Medel Bascones, acting as Agent)
   
      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 of the judgment
   
   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.
            
         
      (1)  OJ C 267, 7.11.2009.