CELEX: C2000/149/11
Language: en
Date: 2000-05-27 00:00:00
Title: Judgment of the Court of 21 March 2000 in Case C-6/99 (reference for a preliminary ruling from the Conseil d'État): Association Greenpeace France and Others v Ministère de l'Agriculture et de la Pêche and Others (Directive 90/220/EEC — Biotechnology — Genetically modified organisms — Decision 97/98/EC — Maize seeds)

27.5.2000                EN                     Official Journal of the European Communities                                             C 149/7
In those circumstances, the security provided for in Article 31(1) of          an objection, in accordance with Article 13(2) of that directive,
Regulation No 3665/87 must be released and only the amount paid                or if the Commission has taken a ‘favourable decision’ under
by way of advance payment of the export refund must be reimbursed              paragraph (4) of that provision, the competent authority which
by the exporter in accordance with the national provisions applicable          forwarded the application, with a favourable opinion, to the
to repayment of sums unduly paid.                                              Commission must issue the ‘consent in writing’, allowing the
                                                                               product to be placed on the market. However, if in the meantime
                                                                               the Member State concerned has new information which leads it
(1) OJ C 258 of 15.8.1998.                                                     to consider that the product for which notification has been
                                                                               received may constitute a risk to human health and the
                                                                               environment, it will not be obliged to give its consent, provided
                                                                               that it immediately informs the Commission and the other
                                                                               Member States about the new information in order that, within
                                                                               the period laid down in Article 16(2) of Directive 90/220, a
                                                                               decision may be taken in the matter in accordance with the
                                                                               procedure provided for in Article 21 of that directive.
                  JUDGMENT OF THE COURT
                                                                           2. Where the national court finds that, owing to irregularities in
                          of 21 March 2000                                     the conduct of the examination of the notification by the
                                                                               competent national authority provided for in Article 12(1) of
                                                                               Directive 90/220, it was not proper for that authority to forward
in Case C-6/99 (reference for a preliminary ruling from
                                                                               the dossier with a favourable opinion to the Commission as
the Conseil d’État): Association Greenpeace France and
                                                                               provided for in paragraph (2) of that provision, that court must
Others v Ministère de l’Agriculture et de la Pêche and
                                                                               refer the matter to the Court of Justice for a preliminary ruling if
                              Others (1)
                                                                               it considers that those irregularities are such as to affect the
                                                                               validity of the Commission’s favourable decision, if necessary
(Directive 90/220/EEC — Biotechnology — Genetically                            ordering the suspension of application of the measures for
 modified organisms — Decision 97/98/EC — Maize seeds)                         implementing that decision until the Court of Justice has ruled
                                                                               on the question of validity.
                           (2000/C 149/11)
                                                                           (1) OJ C 71 of 13.3.1999.
                     (Language of the case: French)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                                            JUDGMENT OF THE COURT
In Case C-6/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) by the Conseil d’État,                                           (Sixth Chamber)
France, for a preliminary ruling in the proceedings pending
before that court between Association Greenpeace France and                                         of 23 March 2000
Others and Ministère de l’Agriculture et de la Pêche and
Others, third parties: Novartis Seeds SA, Monsanto Europe SA               in Case C-373/97 (reference for a preliminary ruling from
— on the interpretation of Article 13(2) and (4) of Council                the Polimeles Protodikio Athinon): Dionisios Diamantis
Directive 90/220/EEC of 23 April 1990 on the deliberate                    v Elliniko Dimosio (Greek State) and Organismos Ikono-
release into the environment of genetically modified organisms                    mikis Anasinkrotisis Epikhiriseon AE (OAE) (1)
(OJ 1990 L 117, p. 15), as amended by Commission Directive
97/35/EC of 18 June 1997 adapting to technical progress for                (Company law — Second Directive 77/91/EEC — Public
the second time Council Directive 90/220 (OJ 1997 L 169,                   limited liability company in financial difficulties — Increase
p. 72) — the Court, composed of: G.C. Rodrı́guez Iglesias,                 in the capital of the company by administrative decision —
President, J.C. Moitinho de Almeida, L. Sevón and R. Schintgen            Abuse of a right arising from a provision of Community
(Presidents of Chambers), P.J.G. Kapteyn (Rapporteur), C. Gul-                                              law)
mann, J.-P. Puissochet, G. Hirsch, M. Wathelet, V. Skouris and
F. Macken, Judges; J. Mischo, Advocate General; H. von                                               (2000/C 149/12)
Holstein, Deputy Registrar, for the Registrar, has given a
judgment on 21 March 2000, in which it has ruled:
                                                                                               (Language of the case: Greek)
1. Council Directive 90/220/EEC of 23 April 1990 on the
     deliberate release into the environment of genetically modified
     organisms, as amended by Commission Directive 97/35/EC of             (Provisional translation; the definitive translation will be published
     18 June 1997 adapting to technical progress for the second time                          in the European Court Reports)
     Council Directive 90/220, is to be interpreted as meaning that,
     if, after an application for placing a GMO on the market has          In Case C-373/97: reference to the Court under Article 177 of
     been forwarded to the Commission, no Member State has raised          the EC Treaty (now Article 234 EC) from the Polimeles