European Commission v. Kingdom of Spain

C-363/09
September 11, 2009
Final judgment
European Union, Luxembourg

European Commission
No description
Kingdom of Spain
No description

EU court
Other
The Commission asks the Court to declare that Spain failed to fulfil its obligations under Directive 91/444/EEC on Plant protection products by maintaining Art. 38 of its phytosanitary law 43/2002 on data protection.
Cour (Sixth Chamber) of Luxembourg, European Union
No description

July 1, 2010
Positive
The Court states that by maintaining in force Article 38 of Law 43/2002on plant health, the Kingdom of Spain has failed to fulfil its obligations under Article 13 of Directive 91/414/EEC and orders to pay the costs.

The Commission asks the Court to declare that Spain failed to fulfil its obligations under Directive 91/444/EEC on Plant protection products by maintaining Art. 38 of its phytosanitary law 43/2002 on data protection.