CELEX: 62016CN0293
Language: en
Date: 2016-05-25 00:00:00
Title: Case C-293/16: Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 25 May 2016 — Sharda Europe, B.V.B.A. v Administración del Estado, Syngenta Agro, S.A.

22.8.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 305/14
            
         Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 25 May 2016 — Sharda Europe, B.V.B.A. v Administración del Estado, Syngenta Agro, S.A.
   (Case C-293/16)
   (2016/C 305/20)
   Language of the case: Spanish
   
      Referring court
   
   Tribunal Supremo, Sala de lo Contencioso-Administrativo, Sección Cuarta
   
      Parties to the main proceedings
   
   
      Appellant: Sharda Europe, B.V.B.A.
   
      Respondents: Administración del Estado, Syngenta Agro, S.A.
   
      Questions referred
   
   
               1.
            
            
               As there is divergence between the different language versions of Article 3(2) of Commission Directive 2008/69/EC (1) of 1 July 2008 and a possible discrepancy with Recital 7 of the preamble to the Directive, the following question is referred to the Court of Justice:
               Is the date 31 December 2008 in Article 3(2) of Commission Directive 2008/69/EC of 1 July 2008, in its Spanish version, to be understood as the expiry of the deadline for the Member States to carry out a re-evaluation, or as the final date for inclusion in the list in Annex I of Directive 91/414/EEC (2) of the active substances which must be re-evaluated, or as the final day for submitting the corresponding application for inclusion?
            
         
               2.
            
            
               Is the expression ‘by 31 December 2008 at the latest’ in Article 3(2) of Directive 2008/69/EC a fixed deadline on account of the aim pursued by the system established by Council Directive 91/414/EEC of 15 July 1991, and does it preclude the Member States from extending it, with the result that it is calculated according to that directive?
            
         
               3.
            
            
               If it is understood that the deadline may be extended, may it be extended for objective reasons of force majeure or may the Member States, to which the mandate in Article 3 is addressed, extend it in accordance with the conditions and requirements of their national legislation?
            
         
      (1)  Commission Directive 2008/69/EC of 1 July 2008 amending Council Directive 91/414/EEC to include clofentezine, dicamba, difenoconazole, diflubenzuron, imazaquin, lenacil, oxadiazon, picloram and pyriproxyfen as active substances.
   
      OJ 2008 L 172, p. 9.
   
      (2)  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.