Law in Upper Austria forbidding use of genetically modified organisms was correctly treated as incompatible with EU law by Commission and EFSA: judgment (T-366/03, T-235/04)

Luxembourg, 5 October 2005

T-366/03 and T-235/04, Land Oberosterreich and Republic of Austria v Commission of the European Communities

Judgment of the Court of First Instance (Fourth Chamber) on 5 October 2005 (link to English version when available).
Full text of this Judgment

Approximation of laws - National provisions derogating from a harmonisation measure - Ban on the use of genetically modified organisms in Upper Austria - Conditions for application of Article 95(5) EC

The Court:

1. Dismisses the actions;

2. Orders the applicants to pay the costs.