22.8.2016

Official Journal of the European Union

C 305/14

(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.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.