Commission v Denmark (AOP Feta) (State Aid - Judgment) French Text [2022] EUECJ C-159/20 (14 July 2022)

Commission v Denmark (AOP Feta) (State Aid - Judgment) French Text [2022] EUECJ C-159/20 (14 July 2022)

Denmark failed to fulfill its obligations under Article 13(3) of Regulation 1151/2012 by not preventing or stopping the use of the PDO 'Feta' for cheese produced in Denmark and exported to third countries, as the Regulation applies to all products produced in the EU, regardless of their destination. The obligation to protect PDOs/PGIs is not limited to the internal market.

Citation
[2022] EUECJ C-159/20
Parties
Applicant: Commission européenne; Respondent: Royaume de Danemark; Intervener: République hellénique; Intervener: République de Chypre
Jurisdiction
European Union
Judgment Date
14 July 2022
Procedural Posture
Infringement Proceedings (article 258 Tfeu) / Final Judgment
Outcome
Partially upheld (infringement found on main ground, rejected on surplus)
Legal Topics
Protected Designations of Origin (pdo), Geographical Indications (gi), State Obligations Under EU Law, Export of Agricultural Products, Market Regulation, Cooperation Loyalty Principle
European Union Law Intellectual Property Law Agricultural Law Protected Designations of Origin (pdo) Geographical Indications (gi) State Obligations Under EU Law Export of Agricultural Products Market Regulation +1 more

Case Brief

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Parties

Commission européenne

Applicant

Royaume de Danemark

Respondent

République hellénique

Intervener

République de Chypre

Intervener

Procedural Posture

Infringement Proceedings (article 258 Tfeu) / Final Judgment

Legal Issues

  1. 1 Does Regulation (EU) No 1151/2012 prohibit the use of the PDO 'Feta' for cheese produced in Denmark and exported to third countries?
  2. 2 Are Member States obliged to prevent and stop such use under Article 13(3) of Regulation 1151/2012?
  3. 3 Does Denmark's conduct violate the principle of sincere cooperation under Article 4(3) TEU?

Ratio Decidendi

Denmark failed to fulfill its obligations under Article 13(3) of Regulation 1151/2012 by not preventing or stopping the use of the PDO 'Feta' for cheese produced in Denmark and exported to third countries, as the Regulation applies to all products produced in the EU, regardless of their destination. The obligation to protect PDOs/PGIs is not limited to the internal market.

Court Disposition

Partially upheld (infringement found on main ground, rejected on surplus)

Orders

  • Denmark failed to fulfill obligations under Article 13(3) of Regulation 1151/2012 by not preventing or stopping the use of 'Feta' for non-compliant cheese produced in Denmark.
  • The remainder of the Commission's application is dismissed.