PARIS - Following the French government's decision to suspend the cultivation of genetically modified corn, an association of arable farmers is calling on the Council of State, the final arbiter on all legislation and administrative decisions in France, to rule on the legality of the suspension.

In application of the precautionary principle, the government invoked the safeguard clause that empowers it to impose a moratorium on the planting of GM corn pending a decision by the European Commission.

The ban was effected through an executive order issued by the minister of agriculture.

However, the farmers said the measure goes against European Community law and are seeking financial compensation if the ban remains in force.

According to the Corn Producers' Association, French farmers were intending to plant about 100,000 hectares of GM corn this year, vs. 22,000 hectares in 2007, and it estimated that they will suffer losses of about €10 million as a result of the ban.

The main concern about GM corn, which in this case means Monsanto's MON 810, relates to the risk of contamination of other crops.

A law on GM organisms currently is being debated in the French National Assembly which, among other things, would put in place a mechanism for compensating conventional farmers whose crops are contaminated by GMOs.

While the insurance industry has yet to put forward proposals for dealing with that problem, farmers are suggesting that they create a temporary compensation fund until insurers provide the necessary coverage.