Consorzio del Prosciutto di Parma and Salumificio S. Rita (Agriculture) [2003] EUECJ C-108/01 (20 May 2003)

Consorzio del Prosciutto di Parma and Salumificio S. Rita (Agriculture) [2003] EUECJ C-108/01 (20 May 2003)

Regulation No 2081/92 does not preclude PDO use being conditional on slicing and packaging in region of production if specified; such condition constitutes a measure equivalent to quantitative export restriction but is justified to protect authenticity and quality; however, the condition cannot be enforced against economic operators as it was not adequately publicized in Community legislation.

Citation
[2003] EUECJ C-108/01
Parties
Applicant: Consorzio del Prosciutto di Parma; Intervener: Salumificio S. Rita SpA; Respondent: Asda Stores Ltd; Respondent: Hygrade Foods Ltd
Jurisdiction
European Union
Judgment Date
20 May 2003
Procedural Posture
Preliminary Ruling / Referred by House of Lords to European Court of Justice
Outcome
Preliminary ruling issued; condition cannot be enforced against economic operators.
Legal Topics
Protected Designations of Origin, Geographical Indications, Export Restrictions, Legal Certainty, Community Regulations
European Union Law Intellectual Property Law Agricultural Law Protected Designations of Origin Geographical Indications Export Restrictions Legal Certainty Community Regulations

Case Brief

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Parties

Consorzio del Prosciutto di Parma

Applicant

Salumificio S. Rita SpA

Intervener

Asda Stores Ltd

Respondent

Hygrade Foods Ltd

Respondent

Procedural Posture

Preliminary Ruling / Referred by House of Lords to European Court of Justice

Legal Issues

  1. 1 Whether Regulation No 2081/92 allows PDO use to be conditional on slicing and packaging in region of production
  2. 2 Whether such condition constitutes a quantitative export restriction under Article 29 EC
  3. 3 Whether restriction is justified under Article 30 EC

Ratio Decidendi

Regulation No 2081/92 does not preclude PDO use being conditional on slicing and packaging in region of production if specified; such condition constitutes a measure equivalent to quantitative export restriction but is justified to protect authenticity and quality; however, the condition cannot be enforced against economic operators as it was not adequately publicized in Community legislation.

Court Disposition

Preliminary ruling issued; condition cannot be enforced against economic operators.

Orders

  • Council Regulation No 2081/92 allows PDO use to be conditional on slicing and packaging in region of production if specified.
  • Such condition constitutes a measure equivalent to quantitative export restriction but may be justified.