CELEX: C2007/315/29
Language: en
Date: 2007-12-22 00:00:00
Title: Joined Cases C-260/06 and C-261/06: Judgment of the Court (Fourth Chamber) of 8 November 2007 (references for a preliminary ruling from the Cour d'appel de Montpellier, France) — Criminal proceedings against Daniel Escalier (C-260/06), Jean Bonnarel (C-261/06) (Plant protection products — Parallel imports — Marketing authorisation procedure — Whether permissible — Conditions — Observance of the principle of proportionality)

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/18
            
         Judgment of the Court (Fourth Chamber) of 8 November 2007 (references for a preliminary ruling from the Cour d'appel de Montpellier, France) — Criminal proceedings against Daniel Escalier (C-260/06), Jean Bonnarel (C-261/06)
   (Joined Cases C-260/06 and C-261/06) (1)
   
   (Plant protection products - Parallel imports - Marketing authorisation procedure - Whether permissible - Conditions - Observance of the principle of proportionality)
   (2007/C 315/29)
   Language of the case: French
   Referring court
   Cour d'appel de Montpellier, France
   Parties in the main criminal proceedings
   Daniel Escalier (C-260/06), Jean Bonnarel (C-261/06)
   Re:
   Reference for a preliminary ruling — Cour d'appel de Montpellier — Interpretation of Articles 28 and 30 of the EC Treaty and 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) — National legislation making the importation of a plant protection product from another Member State by a farmer solely for the needs of his own farm when that product already has marketing authorisation in another Member State granted in accordance with Directive 91/414/EEC subject to a simplified authorisation procedure designed to verify that the product meets identity conditions and subject to the payment of a charge of EUR 800
   Operative part of the judgment
   The Court:
   Declares that a Member State may subject to a simplified marketing authorisation procedure the parallel import of a plant protection product from another Member State in which it already has the benefit of such an authorisation, where the importation is made by a farmer solely for the needs of his farm, and the marketing authorisation thus granted is personal to each operator. It cannot be made a condition of that authorisation that the imported product be named with the brand name belonging to the operator concerned where he is a farmer who is making the parallel importation solely for the needs of his own farm. That authorisation cannot be subject to payment of a charge which bears no relation to the costs incurred by the control or the administrative steps needed for examination of the authorisation application. An appraisal of such costs as a fixed sum is however permissible provided that the principle of proportionality is observed.
   
      (1)  OJ C 212, 2.9.2006.