The 2017 Fidenato case and the 2015 Directive: The curious case of GMOs in Europe

Abstract

The 2017 Fidenato case is the first legal dispute on the cultivation of genetically modified organisms (GMOs) decided by the Court of Justice of the European Union after the adoption of Directive 2015/412. The Directive allows for the exclusion of genetically modified cultivation from a national territory on grounds unrelated to scientific uncertainty. As in the 2007 Austrian case, in Fidenato the Court of Justice rejected the precautionary request from Italy to ban the cultivation of GMOs. The ruling centres on the argument of a ban being scientifically unfounded. This article discusses how the lack of harmonization between the European jurisprudence on the cultivation of GMOs and recent normative amendments introduced through the 2015 Directive affects the regulatory autonomy of Member States in adopting measures that ensure the protection of human health and the environment (i.e. biosafety) from the potential harmful effects posed by GMOs.