I. Introduction In Republic of Austria v. Scheucher Fleisch and others, 1 the Court of justice ruled on an appeal brought by the Member State to set aside a General Court’s judgment2 that had annulled a Commission’s decision not to raise any objections in respect of a national measure granting quality label to certain agricultural products.3 The Court of justice4 dismissed the appeal and upheld the decision of the General Court (hereafter also re