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Resolución No 689 /2010

Country/Territory
Uruguay
Type of court
National - higher court
Date
Oct 15, 2010
Source
UNEP, InforMEA
Court name
Tribunal de Apelaciones en lo Civil de 5ºTº
Seat of court
Montevideo
Judge
Dra. Beatriz Anita FIORENTINO FERREIRO, Dra. Dr. Luis Maria SIMON OLIVERA
Reference number
689/2010
Language
Spanish
Subject
Agricultural & rural development, Cultivated plants, Food & nutrition
Keyword
Agricultural development Agriculture and environment Biosafety Agricultural commodities Agricultural land
Abstract

A case concerning a preventive ban on genetic modified crops.

 

A preventive ban was taken by a lower court and was then dismissed by the appeal court because the documents produced to justify the ban were not giving enough evidences to support the existence of potential risks for the environment.

 

Furthermore, the Appeal court recalled that there is a legal framework authorizing the use of GMO under certain criteria and that the judicial power is not allowed to contest it by taking a preventive ban without infringing the principle of separations of powers. Thus, the court considered that only the parliament would be competent to take such a measure.

Full text
RESOLUCIÓN Nº 689 2010.pdf
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