The Conseil d’Etat is asked to suspend the Ministry of Agriculture and Fishery’s decision to grant to a company an authorization for carrying out a deliberate release of genetically modified organisms for any other purposes than for placing on the market.

The decision to grant an authorization for carrying out out a deliberate release of genetically modified organisms is an application of general rules in a particular case, therefore this act cannot be define as a general administrative act. Therefore, article R.311-1 2° of the Administrative Justice Code, that gives competence to the Conseil d’Etat to adjudicate at first and last instance on claim against general administrative act of Ministers, could not apply.
Article R.311-1 5° of Administrative Justice Code, that provides that the Conseil d’Etat is competent to decide on administrative act whose scope addresses more than one administrative tribunal cannot apply as well. The authorization addressed only one location. Consequently, the Conseil d’Etat rejected the claim because it was not competent to rule on this issue.