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Document 62016CN0293
Case C-293/16: Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 25 May 2016 — Sharda Europe, B.V.B.A. v Administración del Estado, Syngenta Agro, S.A.
Case C-293/16: Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 25 May 2016 — Sharda Europe, B.V.B.A. v Administración del Estado, Syngenta Agro, S.A.
Case C-293/16: Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 25 May 2016 — Sharda Europe, B.V.B.A. v Administración del Estado, Syngenta Agro, S.A.
OJ C 305, 22.8.2016, p. 14–15
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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22.8.2016 |
EN |
Official Journal of the European Union |
C 305/14 |
Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 25 May 2016 — Sharda Europe, B.V.B.A. v Administración del Estado, Syngenta Agro, S.A.
(Case C-293/16)
(2016/C 305/20)
Language of the case: Spanish
Referring court
Tribunal Supremo, Sala de lo Contencioso-Administrativo, Sección Cuarta
Parties to the main proceedings
Appellant: Sharda Europe, B.V.B.A.
Respondents: Administración del Estado, Syngenta Agro, S.A.
Questions referred
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1. |
As there is divergence between the different language versions of Article 3(2) of Commission Directive 2008/69/EC (1) of 1 July 2008 and a possible discrepancy with Recital 7 of the preamble to the Directive, the following question is referred to the Court of Justice: Is the date 31 December 2008 in Article 3(2) of Commission Directive 2008/69/EC of 1 July 2008, in its Spanish version, to be understood as the expiry of the deadline for the Member States to carry out a re-evaluation, or as the final date for inclusion in the list in Annex I of Directive 91/414/EEC (2) of the active substances which must be re-evaluated, or as the final day for submitting the corresponding application for inclusion? |
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2. |
Is the expression ‘by 31 December 2008 at the latest’ in Article 3(2) of Directive 2008/69/EC a fixed deadline on account of the aim pursued by the system established by Council Directive 91/414/EEC of 15 July 1991, and does it preclude the Member States from extending it, with the result that it is calculated according to that directive? |
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3. |
If it is understood that the deadline may be extended, may it be extended for objective reasons of force majeure or may the Member States, to which the mandate in Article 3 is addressed, extend it in accordance with the conditions and requirements of their national legislation? |
(1) Commission Directive 2008/69/EC of 1 July 2008 amending Council Directive 91/414/EEC to include clofentezine, dicamba, difenoconazole, diflubenzuron, imazaquin, lenacil, oxadiazon, picloram and pyriproxyfen as active substances.
(2) Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market.