April 01
Dolores Utrilla
25th March 2020
Data, Tech & IP Internal Market

Pending preliminary reference on the placing of plant protection products

Official publication has been made of the request for a preliminary ruling (C-912/19) lodged by the Higher Regional Court of Düsseldorf, Germany (Oberlandesgericht Düsseldorf) in the case Agrimotion S.A. v ADAMA Deutschland GmbH. The case concerns the effects and conditions of Member States’ authorisations of plant protection products according to Regulation 1107/2009.

Specifically, the referring court asks the Court of Justice whether an undertaking which places a plant protection product authorised in the Member State of origin on the market of the Member State of introduction can rely on the parallel trade permit granted by the competent authority of the Member State of introduction to a third undertaking, if the canisters containing the plant protection product and in which that product is placed on the market of the Member State of introduction indicate both the holder of the permit and the importing undertaking.

In this regard, the German court asks also whether there are any additional requirements and, in that case, what requirements apply.

The request is available here.


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