German court's initial ruling:
Cultivation ban of genetically-modified MON810 maize upheld

(5 May 2009) Monsanto's appeal for an injunction against the MON810 cultivation ban imposed mid-April by Germany's Minister for Agriculture, Ilse Aigner, has been rejected.

The judges at the administrative court in Brunswick defended their decision on the grounds that "if new or additional information indicates potential danger to humans or animals", that is sufficient to ban an authorised GMO. It is not necessary to present any sound scientific evidence supporting an absolute risk, for a ban to be imposed.

Aigner invoked a safeguard clause in EU GMO legislation saying there is new scientifc evidence giving "reasonable grounds to believe" that this Bt maize presents a risk to the environment.

Monsato had filed a suit against the ban because it was convinced there were no sufficient grounds to put the safety of its MON810 product in doubt, thus justifying a ban. The injunction was to have made it possible to still be able to sow the GM maize seeds this season.

By denying the injunction, the court has made an initial ruling. Monsanto, as complainant, is entitled to file an appeal. However, a final ruling will not be made until the hearing is underway.

See also on GMO-Compass:

• Commercial GM Crops in the EU in 2008

Further information (German language):

• Pressemitteilung des Verwaltungsgerichts Braunschweig