12.4.2008   

EN

Official Journal of the European Union

C 92/4


Judgment of the Court (Third Chamber) of 21 February 2008 — Commission of the European Communities v French Republic

(Case C-201/06) (1)

(Failure of a Member State to fulfil obligations - Plant protection products - Parallel imports - Marketing authorisation procedure - Conditions - Common origin of a plant protection product imported in parallel and the reference product)

(2008/C 92/05)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: B. Stromsky, acting as Agent)

Defendant: French Republic (represented by: G. de Bergues and R. Loosli-Surrans, acting as Agents)

Intervener in support of the defendant: Kingdom of the Netherlands (represented by H.G. Sevenster, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Article 28 EC — Requirement that a plant protection product imported in parallel and a reference product have a common origin

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders the Commission of the European Communities to pay the costs;

3.

Orders the Kingdom of the Netherlands to bear its own costs.


(1)  OJ C 165, 15.7.2006.