28If a plant protection product must be regarded as having already been authorised in the importing Member State, the competent authorities of that State must allow the product concerned to benefit from the marketing authorisation granted in accordance with Directive 91/414 to the plant protection product already on the market, unless that is precluded by considerations relating to the effective protection of human and animal health and of the environment (see judgments in British Agrochemicals Association, EU:C:1999:129 paragraph 36, and Commission v France, EU:C:2008:104, paragraph 35).
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