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Case C-830/21: Request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg (Germany) lodged on 23 December 2021 — Syngenta Agro GmbH v Agro Trade Handelsgesellschaft mbH
ECLI:EU:UNKNOWN:62021CN0830
62021CN0830
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Official Journal of the European Union
C 128/10
(Case C-830/21)
(2022/C 128/13)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Syngenta Agro GmbH
Defendant: Agro Trade Handelsgesellschaft mbH
Questions referred
1.Is Article 1 of Regulation (EU) No 547/2011, (1) read in combination with paragraph 1(b) of Annex I thereto, to be interpreted as meaning that, in the case of a parallel import of a plant protection product, the name and address of the holder of the authorisation in the Member State of origin from which the plant protection product was imported must be stated on the packaging when it is distributed in another Member State?
2.Is Article 1 of Regulation (EU) No 547/2011, read in combination with paragraph 1(f) of Annex I thereto, to be interpreted as meaning that, in the case of a parallel import of a plant protection product, the batch number initially allocated by the manufacturer must be indicated on the packaging, or is it compatible with that provision for the parallel importer to remove the original batch number and to affix its own identification number to the packaging, provided it keeps records showing the correlation between the batch numbers used by it and the batch numbers used by the holder of the authorisation of the plant protection product imported in parallel?
Commission Regulation (EU) No 547/2011 of 8 June 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards labelling requirements for plant protection products (OJ 2011 L 155, p. 176).
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Language of the case: German