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15.7.2006 |
EN |
Official Journal of the European Union |
C 165/16 |
Action brought on 4 May 2006 — Commission of the European Communities v French Republic
(Case C-201/06)
(2006/C 165/29)
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: B. Stromsky, Agent)
Defendant: French Republic
Form of order sought
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Declare that, by requiring that a parallel imported plant protection product and a reference product have a common origin, the French Republic has failed to fulfil its obligations under Article 28 EC; |
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order the French Republic to pay the costs. |
Pleas in law and main arguments
In France, the grant and continuation of an import authorisation in respect of parallel imports of plant protection products from another Member State where they are lawfully placed on the market are subject to the requirement that parallel imported plant protection products and reference products have a common origin.
This constitutes a restriction on the free movement of plant protection products that is incompatible with Article 28 EC, is not justified on grounds of the protection of public health, animal health or the environment and is disproportionate in relation to the goal to be achieved.