Official Journal of the European Union

C 288/25

(Case C-420/10)

()

(2010/C 288/43)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Söll GmbH

Defendant: Tetra GmbH

Questions referred

1.For a product to be classified as a ‘biocidal product’, within the meaning of Article 2(1)(a) of Directive 98/8/EC (1), must that product itself destroy, deter, render harmless, prevent the action of, or otherwise exert a controlling effect on the harmful organism directly by chemical or biological means, or is it sufficient that the product have an indirect effect on that harmful organism?

2.If, for a product to be classified as a ‘biocidal product’ within the meaning of Article 2(1)(a) of Directive 98/8/EC, the Court of Justice deems that an indirect chemical or biological effect on the harmful organism is sufficient, what is required of the product’s indirect effect on the harmful organism in order to be able to classify such a product as a ‘biocidal product’, within the meaning of Article 2(1)(a) of Directive 98/8/EC, or is an indirect effect of any nature sufficient to establish a product’s biocidal quality?

Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ 1998 L 123, p. 1).