Title:
Land Oberösterreich and Republic of Austria v. Commission of the European Communities
Party:
Austria
Region:
Europe
Europe
Type of document:
International court
Date of text:
September 13, 2007
Data source:
InforMEA
Court name:
European Court of Justice
Seat of court:
Luxembourg
Justice(s):
A
Rosas, J.
Klucka, J., N.
Cunha Rodrigues, U.
A. Ó Caoimh, E.
Sharpston.
Reference number:
C-439/05 P, C-454/05 P
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.
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