Brussels, 10/12/2008 (Agence Europe) - On Tuesday 9 December, the Court of Justice found against France for its late transposition of the directive on genetically modified organisms (GMOs) and their deliberate release (2001/18/EC). The French state will have to pay a lump sum of €10 million: the Court did not impose daily penalty payments, since transposition was completed in June of this year (case C-121/07). It was only after a previous judgment by the Court against it in 2004 (case C-419/03) that France moved to adopt the appropriate legislation. The sanctions imposed in this ruling are for the failure, on the part of the French authorities, to meet the deadline set by the earlier judgment.
The Court justifies the severity of the sanction on three main points: the “unlawful conduct” repeatedly engaged in by France in the GMO sector; the length of time during which the French state took no action, from the date of the judgment in 2004 until transposition was completed in June 2008; the seriousness of the infringement especially in the light of its impact on the public and private interests involved (including health and the environment). This is only the sixth time, since the possibility was instituted in 1993 through Article 228 of the EC Treaty, that the Court has imposed a fine on a member state for failing to comply with a Court ruling. Three of these cases have involved France, with the three others relating to Spain, Greece and Portugal. The sum involved in such cases is determined through reference to the above criteria, and taking account of the importance of a deterrent effect. (C.D./transl.rt)