Original language
German
Country
Austria
Date of text
Status
Unknown
Type of court
International court
Sources
Court name
European Court of Justice
Seat of court
Luxembourg
Reference number
C-439/05 P, C-454/05 P
Justice(s)
A
Rosas, J.
Klucka, J., N.
Cunha Rodrigues, U.
A. Ó Caoimh, E.
Sharpston.
Abstract
On 13 September 2007, the European Court of Justice dismissed a joined appeal brought by the Land Oberösterreich and the Republic of Austria challenging the decision of the Court of First Instance. The judgment delivered by the CFI on 5 October 2005 approved the decision of the Commission, according to which the 2002 Upper Austrian law imposing a general ban on GMOs did not address a problem specific to the region; thus it did not fulfil the criteria of Article 95(5) of the EC Treaty, which allows for diverting from harmonised measures.