Data source
Date of text
15 Oct 2010
Country
Seat of court
Montevideo
Original language
Spanish
Type of text
National - higher court
Reference number
689/2010
Court name
Tribunal de Apelaciones en lo Civil de 5ºTº
Justice(s)
Dra. Beatriz Anita FIORENTINO FERREIRO, Dra. Dr. Luis Maria SIMON OLIVERA
Sources
InforMEA
Files
Link to full text
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.