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Enterprises, associations, and a Member State take legal action against the EU deregulation of NGT
The eight enterprises and four associations from Germany bringing the action see their economic interests under threat. In their view, the NGT Regulation, adopted in June 2026, infringes primary law relating to economic and environmental matters. In particular, the legal action is directed against the new category of genetically modified plants, “NGT1“, as defined in the regulation. For this category, which according to scientific estimates will comprise over 90 percent of future genetically modified plants, the NGT Regulation is set to override almost all existing regulations on the protection of genetically modified organisms – such as risk assessment and mandatory labelling – from July 2028. According to the claimants, this contravenes the precautionary principle, the requirement for consumer protection, and the freedom of enterprise.
The legal action criticises in particular the fact that the definition of these NGT1 plants is based on incorrect scientific assumptions. Their presumed “equivalence“ with conventionally bred plants is scientifically untenable. The criteria say nothing about the potential risks posed by NGT plants; therefore, a risk assessment remains indispensable.
The abolition of, inter alia, the labelling requirement beyond seed, and mandatory verification procedures for NGT1, is causing their businesses great difficulties, as well as significant effort and costs, in continuing to produce GMO-free foodstuffs, according to the claimants.
The GC will now first examine the admissibility of the legal action. To this end, the claimants must demonstrate that they are “individually and directly” affected by the consequences of the NGT Regulation. Should the GC rule that the action is inadmissible, the alliance may still appeal to the Court of Justice of the European Union (ECJ) as the court of appeal.
“The unscientific deregulation of genetic engineering provides every reason to take legal action, as the alliance’s submitted brief once again impressively demonstrates. In the interests of the environment, consumers and the food industry, it is to be hoped that the European judges will be persuaded by the well-founded arguments and overturn the diluted genetic engineering regulations before they are due to come into force in July 2028,” comments VLOG Managing Director Alexander Hissting.
The coalition of claimants comprises the companies Dottenfelder Bio-Saat GmbH, BioSaat GmbH, Bingenheimer Saatgut AG, Sonnengut Gerster eGbR, Rapunzel Naturkost GmbH, Rieger-Hofmann GmbH and Rieger Landwirtschafts-eGbR, as well as the associations Arbeitsgemeinschaft bäuerliche Landwirtschaft (AbL), the Freie Bäcker, the Association of German Wild Seed and Wild Plant Producers and the Neuland Association for Animal-Welfare-Friendly and Environmentally Sustainable Livestock Farming.
The Slovak Government had already announced its intention to bring legal action against the NGT Regulation on similar grounds. As an EU Member State, its standing to bring proceedings does not need to be assessed; it can therefore, unlike the German business coalition, bring its case directly before the European Court of Justice. Both actions were lodged just in time before the deadline for bringing proceedings on 21 September 2026. The lawsuits are directed against Regulation (EU) 2026/1388 on NGT plants of 17 June 2026.
Infodienst Gentechnik: German alliance takes legal action against EU genetic engineering regulation (German)
Lebensmittelzeitung: Alliance takes legal action against EU genetic engineering regulation (German)
AbL: Direct action filed with the General Court against the NGT regulation (German)
AbL: Press dossier on the filing of the alliance’s action against the NGT regulation (German)
Bioland supports direct action against EU genetic engineering regulation (German)
General Court: T-622/26 – Dottenfelder Bio-Saat et al. v. Parliament and Council (German)
General Court: C-1034/26 – Slovakia v. Parliament and Council
Slovakia considers legal action against EU deregulation of genetic engineering