Judgment — ECLI:EU:C:2013:481
Date: 2013-07-18
Language of the case: Polish
Court formation: Fifth Chamber
Subject matter: Consumer protection;Public health
Procedure: Action for failure to fulfil obligations - unfounded
Origin: Poland

Summary — Judgment of the Court (Fifth Chamber), 18 July 2013 1. Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion — National measure coming into force after the expiry of that period — Action dismissed (Art. 258 TFEU) 2. Actions for failure to fulfil obligations — Action seeking a declaration that a Member State failed to fulfil the obligations incombant on it under a regulation relating to genetically modified food and feed — Genetically modified food — National prohibition on production, marketing or use — Prohibition not yet in force — Action dismissed (Art. 258 TFEU; European Parliament and Council Regulation No 1829/2003) 1. While it is true that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the situation prevailing in the Member State at the end of the period laid down in the reasoned opinion, a national measure which is not in force during that period cannot be the subject of an such an action for failure to fulfil obligations brought in respect of it. (see paras 45, 47) 2. An action, the purpose of which is to find that a Member State has failed to fulfil its obligations under Regulation No 1829/2003 on genetically modified food and feed could succeed only where that regulation required, before the entry into force of a national prohibition on the production, placing on the market, and use in animal feed of genetically modified feed, that State to comply with certain obligations. Such obligations would require, in particular, the Member States to refrain from adopting rules likely to produce negative effects contrary to the objectives of that regulation even before they came into force. (see para. 48)