CELEX: C2007/269/18
Language: en
Date: 2007-11-10 00:00:00
Title: Joined Cases C-439/05 P and C-454/05 P: Judgment of the Court (Third Chamber) of 13 September 2007 — Land Oberösterreich and Republic of Austria v Commission of the European Communities (Appeal — Directive 2001/18/EC — Decision 2003/653/EC — Deliberate release into the environment of genetically modified organisms — Article 95(5) EC — National provisions derogating from a harmonisation measure justified by new scientific evidence and by a problem specific to one Member State — Principle of the right to be heard)

10.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/9
            
         Judgment of the Court (Third Chamber) of 13 September 2007 — Land Oberösterreich and Republic of Austria v Commission of the European Communities
   (Joined Cases C-439/05 P and C-454/05 P) (1)
   
   (Appeal - Directive 2001/18/EC - Decision 2003/653/EC - Deliberate release into the environment of genetically modified organisms - Article 95(5) EC - National provisions derogating from a harmonisation measure justified by new scientific evidence and by a problem specific to one Member State - Principle of the right to be heard)
   (2007/C 269/18)
   Language of the case: German
   Parties
   
      Appellants: Land Oberösterreich (represented by G. Hörmanseder, Agent, and by F. Mittendorfer, Rechtsanwalt), Republic of Austria (represented by H. Dossi and A. Hable, Agents)
   
      Other party to the proceedings: Commission of the European Communities (represented by: U. Wölker and M. Patakia, Agents)
   Re:
   Appeal brought against the judgment of the Court of First Instance (Fourth Chamber) of 5 October 2005 in Joined Cases T-366/03 Land Oberösterreich v Commission and T-235/04 Austria v Commission by which the Court of First Instance dismissed actions seeking 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 notified by the Republic of Austria pursuant to Article 95(5) of the EC Treaty — National provisions derogating from a harmonisation measure justified by a problem specific to a Member State
   Operative part of the judgment
   The Court:
   
               1)
            
            
               Dismisses the appeals;
            
         
               2)
            
            
               Orders the Land Oberösterreich and the Republic of Austria to pay the costs.
            
         
      (1)  OJ C 48, 25.2.2006.
   
      OJ C 60, 11.3.2006.