On 6 September 2012, the Court of Justice of the European Union (“CJEU”) quashed a decision taken by Italy to require national authorisation of certain GMOs such as MON 810 maize, even after these had been authorised under the EU system, pursuant to Regulation No 1829/2003. The CJEU stated that Member States were only entitled to prohibit or restrict the cultivation of such GMOs which had already been authorised on the EU level and included in the EU’s common catalogue, where this was expressly provided for in EU law, for example in accordance with the “emergency measures” under Regulation No 1829/2003 or with the coexistence measures under Directive 2002/53.

To read the full text of the judgment, please click on the following link: http://curia.europa.eu/juris/document/document.jsf?text=&docid=126437&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=1283599