Court of Justice (Fourth Chamber) 6 September 2012, C‑36/11 (Pioneer Hi Bred Italia Srl v Ministero delle Politiche agricole alimentari e forestali.)

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The Court ruled that the cultivation of genetically modified organisms (GMOs), specifically MON 810 maize varieties, cannot be subjected to national authorization procedures if their use and marketing are already authorized under Regulation No 1829/2003 and included in the common catalogue of agricultural plant species as per Directive 2002/53. Furthermore, Article 26a of Directive 2001/18 does not permit Member States to impose a general prohibition on the cultivation of such GMOs while awaiting the adoption of coexistence measures to prevent unintended presence in other crops. This decision reinforces the principle of free movement of authorized GMOs within the EU, ensuring that health and environmental protections are adequately addressed during the authorization process.AI