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Judgment of the Court (Sixth Chamber) of 1 July 2010. # European Commission v Kingdom of Spain. # Failure of a Member State to fulfil obligations - Directive 91/444/EEC - Plant protection products - Application for authorisation to place on the market - Data protection. # Case C-363/09.
ECLI:EU:C:2010:399
62009CJ0363
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(Case C-363/09)
Failure of a Member State to fulfil obligations – Directive 91/444/EEC – Plant protection products – Application for authorisation to place on the market – Data protection
Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC; Council Directive 91/414) (see paras 16-19)
Re:
Failure of a Member State to fulfil obligations – Infringement of Article 13 of 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) – Data accompanying the application – Data use and protection – Confidentiality.
Operative part
The Court:
1.Declares that, by maintaining in force Article 38 of Ley 43/2002 de sanidad vegetal (Law 43/2002 on plant health) of 20 November 2002, the Kingdom of Spain has failed to fulfil its obligations under Article 13 of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market;
2.Orders the Kingdom of Spain to pay the costs.