European Court confirms Austrian GMO ban is illegal

The legal difficulties facing member states that wish to introduce environmental measures stricter than those contained in European Community market-based legislation has been underlined by a decision of the European Court of Justice in a case concerning a proposed Austrian ban on genetically modified organisms. Land Oberösterreich and Austria v Commission (European Court of Justice 5 October 2005, Joined cases T-3666/03 and T-235/04) raises important issues concerning the ability of national or regional governments to introduce GMO-free zones within their territory.

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