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Title:
Resolución No 689 /2010
Party:
Uruguay
Region:
Latin America and the Caribbean
Type of document:
National - higher court
Date of text:
October 15, 2010
Data source:
InforMEA
Court name:
Tribunal de Apelaciones en lo Civil de 5ºTº
Seat of court:
Montevideo
Justice(s):
Dra. Beatriz Anita FIORENTINO FERREIRO, Dra. Dr. Luis Maria SIMON OLIVERA
Reference number:
689/2010
ECOLEX subject(s):
Cultivated plants
Food & nutrition
Agricultural & rural development
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.