We discus legal status of plants obtained using NBT: whether they are to be treated as GMOs or not. The conclusion may have a negative impact on the development of research on them and their practical use. The problem of the application of provisions on GMOs in relation to the products of some of the NBT has been the subject of the decision of the Court of Justice of the European Union (CJEU) in Case C-528/16 – this topic is analyzed in details.