Original language
Spanish
Country
Uruguay
Date of text
Type of court
National - higher court
Sources
Court name
Tribunal de Apelaciones en lo Civil de 5ºTº
Seat of court
Montevideo
Reference number
689/2010
Link to full text
Justice(s)
Dra. Beatriz Anita FIORENTINO FERREIRO, Dra. Dr. Luis Maria SIMON OLIVERA
Abstract
A case concerning a preventive ban on genetic modified crops.
A preventive ban was taken by a lower court and was then dismissed by the appeal court because the documents produced to justify the ban were not giving enough evidences to support the existence of potential risks for the environment.
Furthermore, the Appeal court recalled that there is a legal framework authorizing the use of GMO under certain criteria and that the judicial power is not allowed to contest it by taking a preventive ban without infringing the principle of separations of powers. Thus, the court considered that only the parliament would be competent to take such a measure.