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Association Greenpeace France and others v. French State, Ministry of Agriculture and Fisheries, In the presence of Novartis Seeds SA and another

Country/Territory
European Union, France
Type of court
International court
Date
Mar 21, 2000
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Rodríguez Iglesias, G.C.
Moitinho de Almeida, J.C.
Sevón, L.
Schintgen, R.
Kapteyn, P.J.G.
Gulmann, C.
Puissochet, J.-P,
Hirsch, H.
Wathelet, M.
Skouris, V.
Macken, F.
Mischo, J.
Reference number
C-6/99
Language
French
Subject
Cultivated plants, Agricultural & rural development, Environment gen.
Keyword
Agriculture and environment Ecosystem preservation Public health Ecological production/organic production GMO
Abstract
The GMO Directive 90/220 lays down the procedures for the release into the environment of products containing GMO's. The manufacturer / importer has to notify the competent authorities of the EC Member State. They examine whether the product is safe for the environment and human health and can reject the notification or forward it to the Commission with a favourable opinion. Other Member States can then raise objections, which many did in this case concerning genetically modified maize. As no agreement was reached between the Member States, the Commission could decide that the product is to be allowed on the market. The question before the ECJ was whether France still can or should refuse the maize on the market; it was raised due to a French court procedure where procedural deficiencies and violation of the precautionary principle were brought up. The ECJ indicates among other things that under the strict conditions set out in the Directive, France can still refuse to allow the genetically modified maize on its market. For the decision of 22 November 2000 by the Conseil d'État following this ruling, see below under 'National judiciary'.
Full text
Association Greenpeace France v. French State french.pdf
Association Greenpeace France v. French State english.pdf
Website
curia.europa.eu

References

Cites

Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms.

Legislation | European Union | 1990

Keyword: Genetically modified organism (GMO), Pollution control, Authorization/permit, Access-to-information, Inspection, Research

Source: FAO, FAOLEX