[update: I’ve been told this is a prejudicial opinion, thus not yet the ruling of the court and not yet a binding decision. Hopefully we’ll have a more concrete ruling later.]
Yesterday an EU Advocate-General sided with French seed organization Kokopelli on the provision in EU law prohibiting the sale of unregistered varieties.
In reference to EU seed laws and related French regulations, the Advocate-General said they
“violate the principle of proportionality, free enterprise, free movement of goods, and the principle of non discrimination.”
The Advocate-General said the official seed catalog has
“nothing to do with plant health”
and
“it is up to farmers to decide which varieties they grow”
the Advocate-General added
“the fact that farmers are confined to the listed varieties greatly reduces genetic diversity in European fields.”
Unfortunately the original opinion was written in German, and as of the time of this post had not yet been translated into English. You can read the opinion in a variety of non-English languages here.
Almost all of Kokopelli’s arguments were upheld, and most of the opposition’s arguments were not.
