Czech Republic v Commission (Judgment) [2015] EUECJ T-51/14 (12 May 2015)

Czech Republic v Commission (Judgment) [2015] EUECJ T-51/14 (12 May 2015)

A designation cannot be registered as a TSG under Regulation No 1151/2012 if it does not comply with the marketing standards set out in Regulation No 1234/2007. Article 2(3) of Regulation No 1151/2012 requires that TSG registration is without prejudice to other specific Union provisions, including those governing marketing standards. The Commission was correct in refusing registration of 'pomazánkové máslo' as a TSG because it did not meet the compositional requirements for the designation 'butter' and was not included in the exhaustive derogation list.

Citation
[2015] EUECJ T-51/14
Parties
Applicant: Czech Republic; Respondent: European Commission
Jurisdiction
European Union
Judgment Date
12 May 2015
Procedural Posture
Action for Annulment / Final Judgment
Outcome
action dismissed
Legal Topics
Protected Designations, Traditional Specialities Guaranteed (tsg), Marketing Standards, Consumer Protection, Competition Law
European Union Law Agricultural Law Food Law Protected Designations Traditional Specialities Guaranteed (tsg) Marketing Standards Consumer Protection Competition Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Czech Republic

Applicant

European Commission

Respondent

Procedural Posture

Action for Annulment / Final Judgment

Legal Issues

  1. 1 Whether the Commission erred in law by refusing registration of 'pomazánkové máslo' as a TSG based on non-compliance with Regulation No 1234/2007 marketing standards.
  2. 2 Interpretation of Article 2(3) of Regulation No 1151/2012 regarding the relationship between TSG registration and other EU marketing standards.

Ratio Decidendi

A designation cannot be registered as a TSG under Regulation No 1151/2012 if it does not comply with the marketing standards set out in Regulation No 1234/2007. Article 2(3) of Regulation No 1151/2012 requires that TSG registration is without prejudice to other specific Union provisions, including those governing marketing standards. The Commission was correct in refusing registration of 'pomazánkové máslo' as a TSG because it did not meet the compositional requirements for the designation 'butter' and was not included in the exhaustive derogation list.

Court Disposition

action dismissed

Orders

  • Dismisses the action.
  • Orders the Czech Republic to pay the costs.