Chiciak (Agriculture) [1998] EUECJ C-130/97 (09 June 1998)

Chiciak (Agriculture) [1998] EUECJ C-130/97 (09 June 1998)

Since the entry into force of Regulation No 2081/92, Member States may not alter a designation of origin for which registration has been requested under Article 17 and protect that designation at national level; protection of constituent parts of compound designations is not automatic in the absence of a footnote in Regulation No 1107/96.

Citation
[1998] EUECJ C-130/97
Parties
Defendant: Mr Chiciak; Defendant: Mr Fol; Intervener: Syndicat de Défense de l'Époisses; Intervener: Association Nationale d'Appellation d'Origine Laitière Française; Intervener: French Government; Intervener: Greek Government; Intervener: Italian Government; Intervener: German Government; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
09 June 1998
Procedural Posture
Preliminary Ruling / Judgment
Outcome
Questions answered; preliminary ruling issued.
Legal Topics
Geographical Indications, Designations of Origin, Regulation Interpretation, National Vs EU Law
European Union Law Food Law Intellectual Property Geographical Indications Designations of Origin Regulation Interpretation National Vs EU Law

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Chiciak

Defendant

Mr Fol

Defendant

Syndicat de Défense de l'Époisses

Intervener

Association Nationale d'Appellation d'Origine Laitière Française

Intervener

French Government

Intervener

Greek Government

Intervener

Italian Government

Intervener

German Government

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Ruling / Judgment

Legal Issues

  1. 1 Whether Regulation No 2081/92 precludes Member States from altering a designation of origin after its entry into force
  2. 2 Whether absence of a footnote in Regulation No 1107/96 annex means all parts of a compound designation are protected

Ratio Decidendi

Since the entry into force of Regulation No 2081/92, Member States may not alter a designation of origin for which registration has been requested under Article 17 and protect that designation at national level; protection of constituent parts of compound designations is not automatic in the absence of a footnote in Regulation No 1107/96.

Court Disposition

Questions answered; preliminary ruling issued.

Orders

  • Council Regulation (EEC) No 2081/92 precludes Member States from altering a designation of origin after requesting registration under Article 17.
  • Absence of a footnote in Regulation No 1107/96 does not necessarily mean all parts of a compound designation are protected.