Bigi (Agriculture) [2002] EUECJ C-66/00 (25 June 2002)

Bigi (Agriculture) [2002] EUECJ C-66/00 (25 June 2002)

Products originating in the State of the protected designation of origin (PDO) that do not meet the product specification for that PDO are not covered by the system of derogations set up by Article 13(2) of Regulation No 2081/92.

Citation
[2002] EUECJ C-66/00
Parties
Defendant: Mr Bigi; Complainant: Consorzio del Formaggio Parmigiano Reggiano; Company Represented by Defendant: Nuova Castelli SpA
Jurisdiction
European Union
Judgment Date
25 June 2002
Procedural Posture
Preliminary Ruling (ecj) in Criminal Proceedings / Reference for Preliminary Ruling From Tribunale Di Parma
Outcome
Preliminary ruling issued; derogation under Article 13(2) not applicable to products from PDO State not meeting PDO specification.
Legal Topics
Protected Designations of Origin (pdo), Geographical Indications, Transitional Derogations, Regulation No 2081/92, Article 13(2) Interpretation
European Union Law Intellectual Property Law Criminal Law Protected Designations of Origin (pdo) Geographical Indications Transitional Derogations Regulation No 2081/92 Article 13(2) Interpretation

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Parties

Mr Bigi

Defendant

Consorzio del Formaggio Parmigiano Reggiano

Complainant

Nuova Castelli SpA

Company Represented by Defendant

Procedural Posture

Preliminary Ruling (ecj) in Criminal Proceedings / Reference for Preliminary Ruling From Tribunale Di Parma

Legal Issues

  1. 1 Whether Article 13(2) of Regulation No 2081/92 allows products originating in the PDO State but not meeting the PDO specification to benefit from the transitional derogation
  2. 2 Whether the use of the designation 'parmesan' for non-PDO cheese is lawful under EU law

Ratio Decidendi

Products originating in the State of the protected designation of origin (PDO) that do not meet the product specification for that PDO are not covered by the system of derogations set up by Article 13(2) of Regulation No 2081/92.

Court Disposition

Preliminary ruling issued; derogation under Article 13(2) not applicable to products from PDO State not meeting PDO specification.

Orders

  • On a proper construction of Article 13(2) of Regulation No 2081/92, products are not covered by the system of derogations where they originate in the State of the PDO and do not meet the product specification for that PDO.
  • Costs for governments and Commission not recoverable; costs for main parties to be determined by national court.