CELEX: 62006CA0201
Language: en
Date: 2008-02-21 00:00:00
Title: 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)

12.4.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 92/4
            
         Judgment of the Court (Third Chamber) of 21 February 2008 — Commission of the European Communities v French Republic
   (Case C-201/06) (1)
   
   (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)
   (2008/C 92/05)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented by: B. Stromsky, acting as Agent)
   
      Defendant: French Republic (represented by: G. de Bergues and R. Loosli-Surrans, acting as Agents)
   
      Intervener in support of the defendant: Kingdom of the Netherlands (represented by H.G. Sevenster, acting as Agent)
   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
   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.