Land Oberosterreich v Commission. GM Crops
The European Court of Justice (ECJ) gave its judgement in the case of Land Oberösterreich v Commission (Case T-366/03) on 5 October 2005. The case concerned an application by the Republic of Austria for annulment of Commission Decision 2003/653/EC of 2 September 2003 relating to national provisions on banning the use of genetically modified organisms in the region of Upper Austria.
Austria raised four pleas in law alleging that there had been an infringement of the right to be heard, a breach of the obligation to state reasons, an infringement of Article 95(5) EC and a breach of the precautionary principle. However, the ECJ dismissed all four pleas, therefore ruling against the Austrian ban on genetically modified crops, which failed to prove that Austria had distinctive ecosystems that required risk assessments other than those specified in the Deliberate Release Directive.
The full judgement is available in English at the following link: