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Title:
Association Greenpeace France and others v. French State, Ministry of Agriculture and Fisheries, In the presence of Novartis Seeds SA and another
Party:
European Union
Region:
Europe
Europe
Type of document:
International court
Date of text:
March 21, 2000
Data source:
InforMEA
Court name:
European Court of Justice
Seat of court:
Luxembourg
Justice(s):
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
ECOLEX subject(s):
Cultivated plants
Environment gen.
Agricultural & rural development
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'.