Feinchemie Schwebda GmbH, Bayer v. College voor de toelating van bestrijdingsmiddelen

C-361/06
September 4, 2006
Final judgment
European Union, Luxembourg

Economic stakeholders
Feinchemie Schwebda GmbH, Bayer CropScience AG
Other
No description

EU court
Ethofumesate
Interpretation of Directive 91/414 / EEC concerning the marketing of phytophamaceutical products
Court (Third Chamber) of Luxembourg, European Union
Request for a preliminary ruling (EU)

May 22, 2008
Negative
The Directive does not require Member States to put an end to the authorization of a phytopharmaceutical product containing ethofumesate on the grounds that the holder of that authorization is not in possession or does not have access to folder

Dispute concerning a decision of the College which accepted Agrichem's complaint against 7 decisions of withdrawal of authorization which this one held for the marketing of products based on ethofumesate. Art. 4 of Directive 91/414 / EEC for the inclusion of ethofumesate as an active substance does not require the Member States to put a end to the authorization of a phytopharmaceutical product on the grounds that the holder of that authorization is not in possession of a file that meets the requirements of Directive 91/414 / EEC or that it does not have access to such a file.