Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 13 December 2019 — Agrimotion S.A. v ADAMA Deutschland GmbH

(Case C-912/19)

Language of the case: German

Referring court

Oberlandesgericht Düsseldorf

Parties to the main proceedings

Defendant and appellant: Agrimotion S.A.

Applicant and respondent: ADAMA Deutschland GmbH

Question referred

Can an undertaking which places a plant protection product authorised in the Member State of origin on the market of the Member State of introduction rely on the parallel trade permit granted by the competent authority of the Member State of introduction to a third undertaking, if the canisters containing the plant protection product and in which that product is placed on the market of the Member State of introduction indicate both the holder of the permit and the importing undertaking? If there are any additional requirements, what are they? ¹

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¹     Pursuant to Article 52 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ 2009 L 309, p. 1).