13.2.2010

Official Journal of the European Union

C 37/24

(Case C-510/09)

2010/C 37/29

Language of the case: French

Parties

Applicant: European Commission (represented by: M. Patakia and G. Zavvos, acting as Agents)

Defendant: French Republic

Form of order sought

—Declare that, by not notifying at the planning stage the decree of 13 March 2006 concerning the use of unprepared blends of products referred to in Paragraph L.253-1 of the Rural Code in the context of the procedure provided for by Directive 98/34/EC of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services, as amended by Directive 98/48/EC of 20 July 1998 (1), the French Republic has failed to fulfil its obligations under Article 8(1) of that directive;

—order the French Republic to pay the costs.

Pleas in law and main arguments

By its action, the European Commission complains that the defendant did not notify it, before its adoption, of the ministerial decree at issue concerning the use of unprepared blends of phytopharmaceutical products with an agricultural value, although that decree clearly constitutes a technical rule within the meaning of Directive 98/34 and which should, on that ground, have been notified to it at the planning stage since it is not covered by the derogation under Article 10 of that directive.

According to the Commission, the defendant acknowledged the relevance of that infringement since, following the receipt of the reasoned opinion, the French authorities notified the Commission of a draft decree repealing the ministerial decree at issue and reproducing its substance. However, at the date the present action was brought, that draft decree had still not been adopted by the French authorities or, in any event, the Commission had still not been informed thereof.

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(1) Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 amending Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations (OJ 1998 L 217, p. 18).