🌍⚖️ EU court upholds Italy's ban on GMO corn cultivation

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The Court of Justice of the European Union has upheld Italy's ban on the cultivation of genetically modified maize, specifically Monsanto's MON810 variety. This landmark ruling, issued on February 5, 2026, affirms that EU member states have the authority to prohibit the cultivation of genetically modified organisms (GMOs) without needing to provide specific justification, as long as the holder of the cultivation authorisation does not object.

What changed?
The court's decision came in response to an appeal from an Italian farmer who was penalised for cultivating GMO maize in violation of the national ban. The farmer faced fines totaling €50,000 and was ordered to destroy his crops. The court found that the procedure allowing member states to request limitations on GMO cultivation is compatible with EU law, reinforcing the legal framework established in 2015 that permits such bans.

Legal framework and implications
The ruling clarifies that when a member state requests a modification of the geographical scope of a GMO cultivation authorisation, and the authorisation holder does not object within 30 days, the European Commission must note the change, making it immediately applicable. The court emphasized that the EU legislator has considerable discretion in areas requiring complex assessments, such as GMO cultivation, which can have significant political, economic, and social implications.

Rights and regulations
The court also ruled that Italy's ban does not violate the principle of proportionality or discriminate against farmers in different member states. Furthermore, it stated that the ban does not infringe on the free movement of goods, as it does not prevent the import or marketing of products containing GMOs. The obligation to justify a restriction only applies if the authorisation holder objects, meaning that in cases of tacit consent, no justification is required.

Broader context
This ruling is significant for EU agricultural policy, as it reinforces the rights of member states to regulate GMO cultivation according to their national interests. It may influence future decisions regarding GMO regulations across the EU, potentially leading to more stringent controls in various member states. The decision reflects a growing trend towards prioritizing national sovereignty in agricultural practices, particularly concerning public health and environmental concerns.

In summary, the EU Court's ruling not only validates Italy's existing ban on GMO maize but also sets a precedent for other member states considering similar restrictions, thereby shaping the future landscape of GMO cultivation in Europe.

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