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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)
ECLI:EU:UNKNOWN:62009CA0363
62009CA0363
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28.8.2010
Official Journal of the European Union
C 234/15
(Case C-363/09) (<span class="super">1</span>)
(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.
(<span class="super">1</span>) OJ C 267, 7.11.2009.