CELEX: 62009CJ0363
Language: en
Date: 2010-07-01 00:00:00
Title: 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. # Case C-363/09.

Judgment of the Court (Sixth Chamber) of 1 July 2010 – Commission v Spain
      (Case C-363/09)
      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
      Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC; Council Directive 91/414) (see paras 16-19)
      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
      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.