The European Commission has sent Germany a first written warning for non-compliance with a judgement delivered by the European Court of Justice on 15 July 2004 (case C-420/03). The case concerns the failure to adopt and communicate national legislation to give effect to an EU law^[1] aimed at controlling the release of genetically modified organisms (GMOs) into the environment.

This law is at the centre of the EU's GMO legislation and aims to ensure that only authorised GMOs are placed on the market and released into the environment to avoid risks to human health and the environment. The authorisation procedures includes, among other things, a scientific safety check and environmental risk assessment, information to the public, and close monitoring after the release. The deadline set for adopting this legislation was 17 October 2002.

In February 2005, Germany informed the Commission that it had partially transposed the legislation and that additional legislation was being finalised to fully transpose the Directive. However, so far no further transposition legislation has been communicated to the Commission.