GMO ban in Upper Austria is illegal 

In light of the de facto moratorium on GMOs which is currently imposed by a blocking majority of Luxembourg, Belgium, Denmark, Greece and Italy, this ruling is seen to set a precendent which might have an effect on future decisions.

The Austrian region of Upper Austria in March 2003 proposed legislation introducing a ban on the cultivation on GM seeds and propagating material used for reproduction, the use of transgenic animals for breeding purposes and the release of transgenic animals for hunting or fishing.

In July 2003, the European Food Safety Authority (EFSA) had concluded that there was no new scientific evidence that would necessitate the banning of GMOs in Upper Austria (see also

EuropaBio, the European Association for Bioindustries, welcomed the decision to defend choice for farmers. "This is not a safety issue", said Simon Barber, Director of the Plant Biotechnology Unit of EuropaBio, "Approved GM products have been judged to be safe and have been put through stricter and more rigorous health and environmental safety tests than their non-GM counterparts."

Upper Austria had announced that it would take the case to the European Court of Justice in the event of a negative decision.