Case C-236/01: Reference for a preliminary ruling by the Tribunale Amministrativo Regionale, Lazio, by order of 18 April 2001 in the case of Monsanto Agricoltura Italia SpA, Monsanto Europe S.A., Novartis Seeds SpA, Novartis Seeds AG, Pioneer Hi Bred Italia SpA, Pioneer Overseas Corporation, Assobiotec — Associazione Nazionale per lo Svilupo delle Biotecnologie against Office of the President of the Council of Ministers, Ministry of Health, Council of Ministers, President of the Council of Ministers, Ministry for Community Policies, Istituto Superiore di Sanità, Consiglio Superiore di Sanità
Date: 2001-09-15
Institutions: Court of Justice
Subjects: EU Member State, food inspection, foodstuffs legislation, genetically modified organism, human nutrition, interpretation of the law

15.9.2001

EN

Official Journal of the European Communities

C 259/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

Reference for a preliminary ruling by the Tribunale
Amministrativo Regionale, Lazio, by order of 18 April
2001 in the case of Monsanto Agricoltura Italia SpA,
Monsanto Europe S.A., Novartis Seeds SpA, Novartis
Seeds AG, Pioneer Hi Bred Italia SpA, Pioneer Overseas
Corporation, Assobiotec — Associazione Nazionale per
lo Svilupo delle Biotecnologie against Office of the
President of the Council of Ministers, Ministry of Health,
Council of Ministers, President of the Council of Minis-
ters, Ministry for Community Policies, Istituto Superiore
di Sanità, Consiglio Superiore di Sanità

of such values, as demonstrated by the ordinary procedure
governed by Article 6 et seq. of the same regulation [and] that
the said simplified procedure is capable of being applied,
merely because of the need to expedite and simplify adminis-
trative action, for the placing on the market of foods and food
ingredients in respect of which, since their composition
includes transgenic proteins,
information is not available
covering all the implications for the health of consumers, they
not having hitherto been used for human consumption to a
significant degree, and regarding interaction with the environ-
ment, as may be inferred in general from the … Recommen-
dation of [21 July] 1997?

(Case C-236/01)

(2001/C 259/01)

(1) OJ L 43 of 14.2.1997, p. 1.

Reference has been made to the Court of Justice of the
European Communities by order of 18 April 2001 by
the Tribunale Amministrativo Regionale del Lazio (Regional
Administrative Court), Lazio, which was received at the Court
Registry on 19 June 2001, for a preliminary ruling in the case
of Monsanto Agricoltura Italia SpA, Monsanto Europe S.A.,
Novartis Seeds SpA, Novartis Seeds AG, Pioneer Hi Bred
Italia SpA, Pioneer Overseas Corporation, Assobiotec —
Associazione Nazionale per lo Svilupo delle Biotecnologie
against Office of the President of the Council of Ministers,
Ministry of Health, Council of Ministers, President of the
Council of Ministers, Ministry for Community Policies, Istituto
Superiore di Sanità, Consiglio Superiore di Sanità, on the
following questions:

Is Article 5 of Regulation [No 258/97/EC (1) valid in relation
to] Articles [153 and 174 EC] and the principles of pro-
portionality and reasonableness [despite the fact that] it does
not provide for complete assessment of the safety of foods and
food ingredients in relation to risks to human health and the
environment and does not guarantee the informed partici-
pation of the Member States and the appropriate scientific
bodies whose involvement is conductive to the safeguarding

Action brought on 25 July 2001 by the Commission of
the European Communities against the French Republic

(Case C-296/01)

(2001/C 259/02)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 25 July
2001 by the Commission of the European Communities,
represented by G. zur Hausen, action as Agent, and M.H. van
der Woude and V. Landes, avocats, with an address for service
in Luxembourg.

The Commission of the European Communities claims that
the Court should:

— declare that, by failing the transpose correctly or com-
pletely Articles 5(1), (2), (3) and (4), 6(2) and (5), 9(3),
11(1), (2), (3) and (6), 12(3) and (4) and 19(2), (3) and (4)