Official Journal of the European Union

(Case C-361/06) (Plant protection products - Authorisation to place on the market - Ethofumesate - Directives 91/414/EEC and 2002/37/EC - Regulation (EEC) No 3600/92 - Application for reopening of the oral procedure)

(2008/C 171/08)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Feinchemie Schwebda GmbH, Bayer CropScience AG

Defendant: College voor de toelating van bestrijdingsmiddelen

Intervener: Agrichem BV

Re:

Preliminary ruling — College van Beroep voor het Bedrijfsleven — Interpretation of Article 4(1) of Commission Directive 2002/37/EC of 3 May 2002 amending Council Directive 91/414/EEC to include ethofumesate as an active substance (OJ 2002 L 117, p. 10) — Obligation on Member States to withdraw, before 1 September 2003, authorisation for any product containing ethofumesate in the case where the authorisation holder does not have, or does not have access to, a dossier satisfying the conditions set out in Annex II to 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)

Operative part of the judgment

Article 4(1) of Commission Directive 2002/37/EC of 3 May 2002 amending Council Directive 91/414/EEC to include ethofumesate as an active substance must be interpreted as not requiring Member States to terminate, before 1 September 2003, the authorisation of a plant protection product containing ethofumesate on the ground that the holder of that authorisation does not hold, or have access to, a dossier satisfying the requirements set out in Annex II to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market.

(1) OJ C 294, 2.12.2006.