|
12.1.2015 |
EN |
Official Journal of the European Union |
C 7/5 |
Judgment of the Court (Fifth Chamber) of 6 November 2014 (request for a preliminary ruling from the Conseil d’État — France) — Mac GmbH v Ministère de l’Agriculture, de l’Agroalimentaire et de la Forêt
(Case C-108/13) (1)
((Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Plant protection products - Marketing authorisation - Parallel import - Requirement for a marketing authorisation granted in accordance with Directive 91/414/EEC in the exporting State))
(2015/C 007/06)
Language of the case: French
Referring court
Conseil d’État
Parties to the main proceedings
Applicant: Mac GmbH
Defendant: Ministère de l’Agriculture, de l’Agroalimentaire et de la Forêt
Operative part of the judgment
Articles 34 TFEU and 36 TFEU must be interpreted as precluding national legislation under which a parallel import authorisation may not be granted for a plant protection product which does not have, in the exporting Member State, a marketing authorisation granted in accordance with Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, even though that product has a parallel import authorisation and may be regarded as identical to a product covered by a marketing authorisation granted in accordance with that directive in the importing Member State.