Use of biofuel produced from genetically modified plants

The European Commission has now brought an action against Cyprus before the European Court of Justice because Cyprus has banned the use of biofuels produced from genetically modified plants (Case C-190/09 (OJ C 180, p. 33 et seq.)). The European Commission takes the view that such a ban is incompatible with the free movement of goods. This follows from the fact that European Union law expressly permits the cultivation of such plants under certain conditions. In this respect, the ban violates Community law. It also argues that, as a technical barrier to market access, the ban should have been notified to the Commission in advance in accordance with Directive 98/34/EC (OJ 1998 L 204, p. 37).
The European Commission's lawsuit has been pending before the court since May 28, 2009. Since the use of biofuels produced from genetically modified organisms is also an issue in our country, we will inform you about the outcome of the legal dispute.

This publication can also be found on the website of the law firm Dr. Kauch .