Case C‑293/16

Sharda Europe BVBA

v

Administración del Estado
and
Syngenta Agro SA

(Request for a preliminary ruling from the Tribunal Supremo)

(Reference for a preliminary ruling — Agriculture — Placing of plant protection products on the market — Directive 2008/69/EC — Article 3(2) — Procedure for re-evaluation, by the Member States, of authorised plant protection products — Time limit — Divergence between the different language versions)

Summary — Judgment of the Court (Ninth Chamber), 8 June 2017

1. EU law—Interpretation—Texts in several languages—Differences between the various language versions—Account to be taken of the overall scheme and purpose of the legislation in question

2. Agriculture—Approximation of laws—Placing of plant protection products on the market—Directive 2008/69—Inclusion of certain active substances of those products in Annex I of Directive 91/414—Obligation of re-evaluation, by the Member States, of authorised plant protection products containing those substances—Time limit

   (Council Directive 91/414, Annex I; Commission Directive 2008/69, Art. 3(2), first para.)

1.  See the text of the decision.

   (see para. 21)

2.  The first subparagraph of Article 3(2) of 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, must be interpreted as meaning that the date of 31 December 2008 to which it refers corresponds, for an already authorised plant protection product containing one of the active substances listed in the annex to that directive, to the deadline by which all the active substances contained in that plant protection product, other than those listed in the annex to Directive 2008/69, must have been included on the list in Annex I to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, in order for an obligation to carry out the re-evaluation of that product, provided for in the first subparagraph of Article 3(2), to arise.

   (see para. 25, operative part)