Judgment_paragraph 27 · Söll GmbH v Tetra GmbH (C-420/10)

27In that regard, it is apparent from recital 4 in the preamble to Directive 98/8 that the regulatory framework governing the placing of biocidal products on the market takes ‘as a condition a high level of protection for humans, animals and the environment’. Such a level of protection could, however, be seriously jeopardised if classification as biocidal products were to be reserved solely for those products containing one or more active substances and having a direct chemical or biological effect on the target harmful organisms, and were thus to exclude those products which also contain one or more active substances but exert only an indirect chemical or biological effect on those organisms. It is the very presence of the active substance as such, in a product such as that at issue in the main proceedings, which is liable to present a risk for the environment, irrespective of whether that substance acts directly or indirectly on the target organisms.

Söll GmbH v Tetra GmbH (C-420/10)

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