Communication: new case No. 0830 of 2021

IDENTIFIER
62021CN0830
LANGUAGE
English
COURT
Court of Justice of the European Union
AG OPINION
NO
REFERENCES MADE
0
REFERENCED
0
DOCUMENT TYPE
Communication: new case

Judgment



21.3.2022   

EN

Official Journal of the European Union

C 128/10


Request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg (Germany) lodged on 23 December 2021 — Syngenta Agro GmbH v Agro Trade Handelsgesellschaft mbH

(Case C-830/21)

(2022/C 128/13)

Language of the case: German

Referring court

Hanseatisches Oberlandesgericht Hamburg

Parties to the main proceedings

Applicant: Syngenta Agro GmbH

Defendant: Agro Trade Handelsgesellschaft mbH

Questions referred

1.

Is Article 1 of Regulation (EU) No 547/2011, (1) read in combination with paragraph 1(b) of Annex I thereto, to be interpreted as meaning that, in the case of a parallel import of a plant protection product, the name and address of the holder of the authorisation in the Member State of origin from which the plant protection product was imported must be stated on the packaging when it is distributed in another Member State?

2.

Is Article 1 of Regulation (EU) No 547/2011, read in combination with paragraph 1(f) of Annex I thereto, to be interpreted as meaning that, in the case of a parallel import of a plant protection product, the batch number initially allocated by the manufacturer must be indicated on the packaging, or is it compatible with that provision for the parallel importer to remove the original batch number and to affix its own identification number to the packaging, provided it keeps records showing the correlation between the batch numbers used by it and the batch numbers used by the holder of the authorisation of the plant protection product imported in parallel?


(1)  Commission Regulation (EU) No 547/2011 of 8 June 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards labelling requirements for plant protection products (OJ 2011 L 155, p. 176).



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