51As the General Court pointed out in paragraph 61 of the order under appeal, where a Member State receives an application for authorisation to place on the market a plant protection product already authorised for that use by another Member State, it is not required to grant it, since, first, Article 41(1) of Regulation No 1107/2009 allows it to take account of the circumstances in its territory and, second, Article 36(3) of that regulation, to which Article 41 of that regulation refers, states (i) that it may impose risk mitigation measures relating to human or animal health or the environment and (ii) that it may even refuse to issue an authorisation where risk mitigation measures cannot meet the concerns of that Member State due to its specific environmental or agricultural circumstances. The General Court therefore rightly held that the mutual recognition procedure does not create an automatic mechanism and leaves a discretion to the Member State which receives a request for mutual recognition.
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