Close Menu
    Latest Category
    • Finance
    • Tech
    • EU Law
    • Energy
    • About
    • Contact
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Login
    • EU News
    • Focus
    • Guides
    • Press
    • Jobs
    • Events
    • Directory
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Home » EU Court upholds Italian farmer use of GM crops

    EU Court upholds Italian farmer use of GM crops

    npsnps14 September 2017
    — Filed under: EU Law EU News Headline2
    Share
    Facebook Twitter LinkedIn Pinterest Email
    EU Court upholds Italian farmer use of GM crops

    Photo © Rebel – Fotolia

    (LUXEMBOURG) – EU Member States cannot adopt emergency measures regarding genetically modified food and feed without evidence of a serious risk to health or the environment, the EU’s top Court ruled on Wednesday.

    The case centres around the Commission’s authorisation in 1998 of the placing on the market of genetically modified maize MON 810. In its decision, the Commission referred to the opinion of the Scientific Committee which stated there was no reason to believe that that product would have any adverse effects on human health or the environment.

    In 2013, the Italian Government asked the Commission to adopt emergency measures to prohibit the cultivation of maize MON 810 in the light of some new scientific studies carried out by two Italian research institutes. On the basis of a scientific opinion issued by the European Food Safety Authority (EFSA), the Commission concluded there was no new science-based evidence to support the requested emergency measures and to invalidate its previous conclusions about the safety of maize MON 810.

    Despite this, in 2013 the Italian Government adopted a ministerial decree prohibiting the cultivation of MON 810 on Italian territory.

    In 2014, Italian farmer Giorgio Fidenato and others cultivated maize MON 810 in breach of the ministerial decree, and for this they were prosecuted.

    Italian authorities asked the Court of Justice whether emergency measures may, in relation to food, be taken on the basis of the precautionary principle. In accordance with the precautionary principle, Member States may adopt emergency measures in order to avert risks to human health that have not yet been fully identified or understood because of scientific uncertainty.

    By today’s judgment, the Court has pointed out, first of all, that both EU food law and EU legislation on genetically modified food and feed seek to ensure a high level of protection of human health and consumers’ interest, whilst ensuring the effective functioning of the internal market, of which the free movement of safe and wholesome food and feed is an essential aspect.

    In that context, the Court found that, where it is not evident that genetically modified products are likely to constitute a serious risk to human health, animal health or the environment, neither the Commission nor the Member States have the option of adopting emergency measures such as the prohibition on the cultivation of maize MON 810.

    The Court emphasised that the precautionary principle, which presupposes scientific uncertainty as regards the existence of a particular risk, is not sufficient for the adoption of such measures.

    Although that principle may justify the adoption of provisional risk management measures in the area of food in general, it does not allow for the provisions laid down in relation to genetically modified foods to be disregarded or modified, in particular by relaxing them, since those foods have already gone through a full scientific assessment before being placed on the market.

    Moreover, the Court found that a Member State may, where it has officially informed the Commission of the need to resort to emergency measures and where the Commission has not acted, adopt such measures at the national level. Furthermore, it may maintain or renew those measures, so long as the Commission has not adopted a decision requiring their extension, amendment or abrogation. In those circumstances, the national courts have jurisdiction to assess the lawfulness of the measures concerned.

    Judgment in Case C-111/16 Giorgio Fidenato and Others

    Add A Comment
    Leave A Reply Cancel Reply

    You must be logged in to post a comment.

    nps
    • Website

    Related Content

    Medical research - Photo by Edward Jenner on Pexels

    Why Laboratory Models Are Essential to Modern Biomedical Research

    Euro coins and notes - Photo by Pixabay

    EU Council and Parliament strike deal to revitalise EU securitisation market

    Plastic drinks bottles - Photo by Annelie Valera on Pexels

    Coca-Cola, Nestlé, Danone agree to modify recycling claims on plastic bottles

    Booking.com - Photo by Jas Rolyn on Unsplash

    EU launches probe into Booking.com scams and fraud

    Fishing boat

    Brussels charts new vision for EU fisheries and aquaculture sector

    Fishing boat - Image by Dimitris Vetsikas from Pixabay

    EU fisheries package charts the right course, but falls short on moving fisheries away from fossil fuels

    Sponsor: WWF20 October 2026
    LATEST EU NEWS
    Euro coins and notes - Photo by Pixabay

    EU Council and Parliament strike deal to revitalise EU securitisation market

    22 October 2026
    Plastic drinks bottles - Photo by Annelie Valera on Pexels

    Coca-Cola, Nestlé, Danone agree to modify recycling claims on plastic bottles

    22 October 2026
    Booking.com - Photo by Jas Rolyn on Unsplash

    EU launches probe into Booking.com scams and fraud

    21 October 2026
    Fishing boat

    Brussels charts new vision for EU fisheries and aquaculture sector

    20 October 2026
    Organic farming - Photo by Steven Weeks on Unsplash

    EU Council and Parliament strike deal to update rules on organic farming

    20 October 2026

    Subscribe to EUbusiness Week

    Get the latest EU news

    CONTACT INFO

    • EUbusiness, 117 High Street, Chesham Buckinghamshire, HP5 1DE, United Kingdom
    • +44(0)20 8058 8232
    • service@eubusiness.com

    INFORMATION

    • About Us
    • Advertising
    • Contact Info

    Services

    • Cookie Policy
    • Terms
    • Disclaimer

    SOCIAL MEDIA

    Facebook
    eubusiness.com © EUbusiness Ltd 2026

    Type above and press Enter to search. Press Esc to cancel.

    Manage Consent
    To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}
    Manage Consent
    To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}

    Sign In or Register

    Welcome Back!

    Login to your account below.

    Lost password?