In a case ruled on by the European Union's top Court, the ruling stated that a European patent can only be relied on in relation to an invention which actually performs the function for which it is patented.

Since 1996 Monsanto has held a European patent relating to its glyphosate tolerant soybean beans. Roundup Ready soybean plants are cultivated on a large scale in Argentina, where there is no patent protection for Monsanto’s invention. In 2005 and 2006, European companies imported soy meal from Argentina into the Netherlands.

Tests carried out at Monsanto’s request revealed the presence of traces of the DNA characteristic of ‘RR soybean,’ which indicated that the imported soy meal had been produced using that type of soybean plant.

Monsanto first filed a suit in Netherlands and the Dutch judge asked the high court to rule on the extent of Monsanto's patent rights.