In this case, the Conseil d’Etat hold the execution of the Ministerial Order of 5 February 1998 on the commercialisation of genetically modified corn, on the basis of the precautionary principle (article L. 200-1 Rural Code). It is the first decision to use the precautionary principle.

The applicant argued that the opinion of the Commission for the release of products from research and bio molecular engineering was delivered without due process, and more specifically without assessment of the impact of the gene on public health. They invoked the precautionary principle (article L200-1 of Rural Code).

The Conseil d'Etat had to ask a preliminary question to the Court of Justice of the European Communities. The question was whether the provisions of the European Directive of the 23rd of  April 1990 on genetically modified organism must be interpreted as meaning that:
1 If after the transmission of the request with favourable opinion, no member State has objected, or if the Commission has taken a "favourable decision", the national competent authority is required to issue a "written consent" to allow the commercialisation of the product.
2. If the decision of the Commission according to “the French authorities authorize the marketing of the product…” shall be so construed as to require the French government to issue a “written consent ”.

Thereafter, in its decision of 22 November 2000, the Conseil d’Etat rescinded partially the Order.