Luxembourg, 26 May 2005
C-132/03, Ministero della Salute v Coordinamento delle associazioni per la difesa dell'ambiente e dei diritti degli utenti e dei consumatori (Codacons), Federconsumatori
Judgment of the Court of Justice (Second Chamber) on 26 May 2005 (link to English version when available).
Full text of this Judgment
Regulation (EC) No 1139/98 - Article 2(2)(b) - Additional labelling requirement for foodstuffs -
Compulsory particulars concerning the presence of material derived from genetically modified organisms (GMOs) -
Genetically modified soya beans and maize - Exemption from the requirement in the case of adventitious presence
not exceeding a particular level - Foodstuffs intended for particular nutritional use - Infants and young
children - Whether derogation applies - Precautionary principle
The case was referred to the Court by the Consiglio di Stato (Italy)
The Court ruled:
Article 2(2)(b) of Council Regulation (EC) No 1139/98 of 26 May 1998 concerning the compulsory indication on the labelling of certain foodstuffs produced from genetically modified organisms of particulars other than those provided for in Directive 79/112/EEC , as amended by Commission Regulation (EC) No 49/2000 of 10 January 2000, is to be interpreted as meaning that the exemption for which it provides from the obligation, laid down in Article 2(1) and (3) of that regulation, to state on the labelling of foodstuffs that material derived from certain GMOs is present, where such presence is the result of adventitious contamination and does not exceed a de minimis threshold of 1% also applies to foodstuffs intended for the particular nutritional use of infants and young children.