Confcooperative Unione Regionale della Cooperazione FVG Federagricole v Ministero delle Politiche Agricole e Forestali [2006] EUECJ C-231/04 (11 May 2006)

Confcooperative Unione Regionale della Cooperazione FVG Federagricole v Ministero delle Politiche Agricole e Forestali [2006] EUECJ C-231/04 (11 May 2006)

The Court held that Article 133 EC was a sufficient legal basis for the 1993 agreement, that the prohibition on use of 'Tocai' in Italy after 31 March 2007 was not contrary to the agreement or to international obligations, that the joint declaration was not manifestly erroneous, that TRIPS Articles 22-24 did not...

Source-derived case information.

Citation
[2006] EUECJ C-231/04
Parties
Applicant: Confcooperative Unione Regionale della Cooperazione FVG Federagricole; Respondent: Ministero delle Politiche Agricole e Forestali; Intervener: Regione Veneto
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (reference for a Preliminary Ruling) / Final Judgment (order)
Outcome
Questions answered as in previous case; prohibition on 'Tocai' use in Italy after 31 March 2007 upheld; no invalidity found.
Legal Topics
Geographical Indications, Wine Denominations, Treaty Interpretation, Property Rights, TRIPS Agreement, EU External Relations
European Union Law Intellectual Property Law International Law Geographical Indications Wine Denominations Treaty Interpretation Property Rights TRIPS Agreement +1 more

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Summary, issues, holding and outcome

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Parties

Confcooperative Unione Regionale della Cooperazione FVG Federagricole

Applicant

Ministero delle Politiche Agricole e Forestali

Respondent

Regione Veneto

Intervener

Procedural Posture

Preliminary Ruling (reference for a Preliminary Ruling) / Final Judgment (order)

  1. 1 Whether the 1991 EC-Hungary Association Agreement is a valid legal basis for the 1993 wine denominations agreement
  2. 2 Whether the 1993 agreement is invalid for lack of ratification by Member States
  3. 3 Whether the prohibition on use of 'Tocai' in Italy after 2007 is contrary to the agreement's regime on homonymous denominations

Ratio Decidendi

The Court held that Article 133 EC was a sufficient legal basis for the 1993 agreement, that the prohibition on use of 'Tocai' in Italy after 31 March 2007 was not contrary to the agreement or to international obligations, that the joint declaration was not manifestly erroneous, that TRIPS Articles 22-24 did not require continued use of the denomination, and that property rights did not prevent the prohibition.

Court Disposition

Questions answered as in previous case; prohibition on 'Tocai' use in Italy after 31 March 2007 upheld; no invalidity found.

Orders

  • The 1991 EC-Hungary Association Agreement is not the legal basis for the 1993 wine denominations agreement.
  • Article 133 EC is a sufficient legal basis for the agreement.