CELEX: C2001/259/01
Language: en
Date: 2001-09-15 00:00:00
Title: 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

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                    of such values, as demonstrated by the ordinary procedure
Amministrativo Regionale, Lazio, by order of 18 April                  governed by Article 6 et seq. of the same regulation [and] that
2001 in the case of Monsanto Agricoltura Italia SpA,                   the said simplified procedure is capable of being applied,
Monsanto Europe S.A., Novartis Seeds SpA, Novartis                     merely because of the need to expedite and simplify adminis-
Seeds AG, Pioneer Hi Bred Italia SpA, Pioneer Overseas                 trative action, for the placing on the market of foods and food
Corporation, Assobiotec — Associazione Nazionale per                   ingredients in respect of which, since their composition
lo Svilupo delle Biotecnologie against Office of the                   includes transgenic proteins, information is not available
President of the Council of Ministers, Ministry of Health,             covering all the implications for the health of consumers, they
Council of Ministers, President of the Council of Minis-               not having hitherto been used for human consumption to a
ters, Ministry for Community Policies, Istituto Superiore              significant degree, and regarding interaction with the environ-
           di Sanità, Consiglio Superiore di Sanità                    ment, as may be inferred in general from the … Recommen-
                                                                       dation of [21 July] 1997?
                       (Case C-236/01)
                                                                       (1) OJ L 43 of 14.2.1997, p. 1.
                       (2001/C 259/01)
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             Action brought on 25 July 2001 by the Commission of
Administrative Court), Lazio, which was received at the Court           the European Communities against the French Republic
Registry on 19 June 2001, for a preliminary ruling in the case
of Monsanto Agricoltura Italia SpA, Monsanto Europe S.A.,                                       (Case C-296/01)
Novartis Seeds SpA, Novartis Seeds AG, Pioneer Hi Bred
Italia SpA, Pioneer Overseas Corporation, Assobiotec —
Associazione Nazionale per lo Svilupo delle Biotecnologie                                       (2001/C 259/02)
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        An action against the French Republic was brought before the
Superiore di Sanità, Consiglio Superiore di Sanità, on the             Court of Justice of the European Communities on 25 July
following questions:                                                   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.
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        The Commission of the European Communities claims that
not provide for complete assessment of the safety of foods and         the Court should:
food ingredients in relation to risks to human health and the
environment and does not guarantee the informed partici-               —     declare that, by failing the transpose correctly or com-
pation of the Member States and the appropriate scientific                   pletely Articles 5(1), (2), (3) and (4), 6(2) and (5), 9(3),
bodies whose involvement is conductive to the safeguarding                   11(1), (2), (3) and (6), 12(3) and (4) and 19(2), (3) and (4)