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28.8.2010 |
EN |
Official Journal of the European Union |
C 234/15 |
Judgment of the Court (Sixth Chamber) of 1 July 2010 — European Commission v Kingdom of Spain
(Case C-363/09) (1)
(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)
2010/C 234/21
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: L. Parpala and F. Jimeno Fernández, acting as Agents)
Defendant: Kingdom of Spain (represented by: J. López-Medel Bascones, acting as Agent)
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 of the judgment
The Court:
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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; |
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2. |
Orders the Kingdom of Spain to pay the costs. |