On 13 September 2007, the European Court of Justice dismissed a joined appeal brought by the Land Oberösterreich and the Republic of Austria challenging the decision of the Court of First Instance. The judgment delivered by the CFI on 5 October 2005 approved the decision of the Commission, according to which the 2002 Upper Austrian law imposing a general ban on GMOs did not address a problem specific to the region; thus it did not fulfil the criteria of Article 95(5) of the EC Treaty, which allows for diverting from harmonised measures.