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Case C-108/13: Judgment of the Court (Fifth Chamber) of 6 November 2014 (request for a preliminary ruling from the Conseil d’État — France) — Mac GmbH v Ministère de l’Agriculture, de l’Agroalimentaire et de la Forêt (Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Plant protection products — Marketing authorisation — Parallel import — Requirement for a marketing authorisation granted in accordance with Directive 91/414/EEC in the exporting State)
ECLI:EU:UNKNOWN:62013CA0108
62013CA0108
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12.1.2015
Official Journal of the European Union
C 7/5
(Case C-108/13) (<span class="super">1</span>)
((Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Plant protection products - Marketing authorisation - Parallel import - Requirement for a marketing authorisation granted in accordance with Directive 91/414/EEC in the exporting State))
(2015/C 007/06)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Mac GmbH
Defendant: Ministère de l’Agriculture, de l’Agroalimentaire et de la Forêt
Operative part of the judgment
Articles 34 TFEU and 36 TFEU must be interpreted as precluding national legislation under which a parallel import authorisation may not be granted for a plant protection product which does not have, in the exporting Member State, a marketing authorisation granted in accordance with Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, even though that product has a parallel import authorisation and may be regarded as identical to a product covered by a marketing authorisation granted in accordance with that directive in the importing Member State.
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Language of the case: French
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(<span class="super">1</span>) OJ C 141, 18.5.2013.