Judgment of the Court (Sixth Chamber) of 1 July 2010.#European Commission v Kingdom of Spain.#Failure of a Member State to fulfil obligations - Directive 91/444/EEC - Plant protection products - Application for authorisation to place on the market - Data protection.#Case C-363/09.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Infringement of Article 13 of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ 1991 L 230, p. 1) – Data accompanying the application – Data use and protection – Confidentiality.

Operative part

Operative part

The Court:

1. Declares that, by maintaining in force Article 38 of Ley 43/2002 de sanidad vegetal (Law 43/2002 on plant health) of 20 November 2002, the Kingdom of Spain has failed to fulfil its obligations under Article 13 of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market;

2. Orders the Kingdom of Spain to pay the costs.