ABSTRACT – This paper examines the Court of justice’s judgment of 5 February 2026 in joined cases C-364/24 and C-393/24 (Fidenato), which marks a significant evolution in EU food law. Nearly a decade after the 2017 precedent, the Court validates the “opt-out” mechanism introduced by directive 2015/412, recognizing the right of Member States to prohibit GMO cultivation on their territory for compelling political, social, or economic reasons, regardless of new scientific evidence. The analysis focuses on the transition from a “science-centric” model to a system of “negative subsidiarity” and geographical flexibility, evaluating its compatibility with the internal market, the free movement of goods, and the fundamental rights enshrined in the Charter.
