C_2006212EN.01001403.xml

2.9.2006

Official Journal of the European Union

C 212/14

References for a preliminary ruling from the Cour d'appel de Montpellier (France) lodged on 15 June 2006 — Daniel Pierre Raymond Escalier and Jean Louis François Bonnarel v Ministère public

(Case C-260/06 - Case C-261/06)

(2006/C 212/25)

Language of the case: French

Referring court

Cour d'appel de Montpellier

(3rd Criminal Chamber)

Parties to the main proceedings

Cross-appellant: Ministère public

Appellants: Daniel Pierre Raymond Escalier (C-260/06) and Jean Louis François Bonnarel (C-261/06)

Question referred

Where a Member State makes the importation of a plant protection product from another Member State in which the product has already been authorised to be placed on the market in accordance with Directive 91/414/EEC (1) subject to a simplified procedure for such authorisation in order to verify that the product imported meets the identity requirements laid down in Case C-100/96 The Queen v Ministry of Agriculture, Fisheries and Food, ex parte: British Agrochemicals Association Ltd [1999] ECR I-1499, is that Member State entitled to make an operator subject to that simplified authorisation procedure if:

—	the importer is a farmer who is importing the product solely for the needs of his own farm, which are manifold but limited in quantity, and is therefore not placing it on the market in the commercial sense which that concept implies;

—	the simplified marketing authorisation procedure constituting import authorisation is personal to each operator/distributor, who is required to give the product imported its own brand name and is subject to a charge of EUR 800?

If the reply to the first question is negative, can the judgment in Case C-212/03 Commission v France [2005] ECR I-4213 relating to personal imports of medicinal products by individuals be applied to the case of plant protection products imported by farmers solely for the needs of their own farms?

(1) 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).