Konservinvest (Reference for a preliminary ruling - Quality schemes for agricultural products and foodstuffs - Designations of Origin and Geographical indications - Order) [2022] EUECJ C-35/21_CO (09 February 2022)

Konservinvest (Reference for a preliminary ruling - Quality schemes for agricultural products and foodstuffs - Designations of Origin and Geographical indications - Order) [2022] EUECJ C-35/21_CO (09 February 2022)

Regulation (EU) No 1151/2012 precludes Member State legislation providing for a national system for the registration and protection of qualified geographical designations relating to agricultural products and foodstuffs falling within the scope of that regulation, even if intended only for disputes between local traders within that Member State.

Citation
[2022] EUECJ C-35/21_CO
Parties
Applicant: Konservinvest OOD; Respondent: Bulkons Parvomay OOD
Jurisdiction
European Union
Judgment Date
09 February 2022
Procedural Posture
Reference for a Preliminary Ruling / Order on Preliminary Reference (article 99 Rules of Procedure)
Outcome
Regulation (EU) No 1151/2012 precludes national legislation providing for a system of registration and protection of qualified geographical designations for agricultural products and foodstuffs within its scope, even if limited to disputes between local traders.
Legal Topics
Protected Designations of Origin, Geographical Indications, National Vs EU Protection, Regulation (eu) No 1151/2012, Primacy of EU Law
European Union Law Intellectual Property Law Agricultural Law Protected Designations of Origin Geographical Indications National Vs EU Protection Regulation (eu) No 1151/2012 Primacy of EU Law

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Parties

Konservinvest OOD

Applicant

Bulkons Parvomay OOD

Respondent

Procedural Posture

Reference for a Preliminary Ruling / Order on Preliminary Reference (article 99 Rules of Procedure)

Legal Issues

  1. 1 Whether Regulation (EU) No 1151/2012 precludes national systems for registration and protection of qualified geographical designations for agricultural products and foodstuffs within its scope, even if such systems apply only to disputes between local traders within the Member State.

Ratio Decidendi

Regulation (EU) No 1151/2012 precludes Member State legislation providing for a national system for the registration and protection of qualified geographical designations relating to agricultural products and foodstuffs falling within the scope of that regulation, even if intended only for disputes between local traders within that Member State.

Court Disposition

Regulation (EU) No 1151/2012 precludes national legislation providing for a system of registration and protection of qualified geographical designations for agricultural products and foodstuffs within its scope, even if limited to disputes between local traders.

Orders

  • National courts must disapply conflicting national provisions and give full effect to Regulation (EU) No 1151/2012.