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On September 20, 2017, the Court of Justice of the European Union ruled in Giorgio Fidenato and Others that EU member states and the European Commission may not adopt emergency measures regarding a genetically modified product where it is not clear that the product is likely to constitute a serious health or environmental risk. The case concerns the Italian government’s request to the European Commission to implement emergency measures prohibiting the cultivation of genetically modified maize MON 810 in light of two new scientific studies on the matter. The Commission determined that there was no science-based evidence that would merit the emergency measures; however, the Italian government implemented a ministerial decree prohibiting the cultivation of MON 810 in Italy and later prosecuted three individuals for growing maize MON 810. According to the press release, the Court pointed out that EU food law seeks to balance a high level of protection for human health with the effective functioning of the European internal market. The Court held that “the precautionary principle, which presupposes scientific uncertainty as regards the existence of a particular risk, is not sufficient for the adoption of such measures” and that “where it is not evident that genetically modified products are likely to constitute a serious risk to human health, animal health or the environment, neither the Commission nor the Member States have the option of adopting emergency measures.”