Chiciak (Agriculture) [1998] EUECJ C-129/97 (09 June 1998)

Chiciak (Agriculture) [1998] EUECJ C-129/97 (09 June 1998)

Since the entry into force of Regulation No 2081/92, Member States may not, by adopting provisions of national law, alter a designation of origin for which they have requested registration under Article 17 and protect that designation at national level. Alterations must comply with the procedures established by the regulation. The absence of a footnote in the annex to Regulation No 1107/96 does not necessarily mean that each constituent part of a compound designation is protected.

Citation
[1998] EUECJ C-129/97
Parties
Defendant: Mr Chiciak; Defendant: Mr Fol; Complainant: Syndicat de Défense de l'Époisses; Complainant: Association Nationale d'Appellation d'Origine Laitière Française
Jurisdiction
European Union
Judgment Date
09 June 1998
Procedural Posture
Preliminary Ruling (joined Criminal Proceedings) / Judgment on Reference From Tribunal De Grande Instance, Dijon
Outcome
Preliminary ruling issued; Regulation No 2081/92 precludes Member States from altering designations of origin after requesting registration under Article 17; absence of footnote in Regulation No 1107/96 does not necessarily confer protection on each part of a compound designation.
Legal Topics
Geographical Indications, Protected Designations of Origin, Regulation of Agricultural Products, National Vs. EU Competence
European Union Law Intellectual Property Law Food Law Geographical Indications Protected Designations of Origin Regulation of Agricultural Products National Vs. EU Competence

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Parties

Mr Chiciak

Defendant

Mr Fol

Defendant

Syndicat de Défense de l'Époisses

Complainant

Association Nationale d'Appellation d'Origine Laitière Française

Complainant

Procedural Posture

Preliminary Ruling (joined Criminal Proceedings) / Judgment on Reference From Tribunal De Grande Instance, Dijon

Legal Issues

  1. 1 Whether Regulation No 2081/92 precludes Member States from altering a designation of origin after requesting registration under Article 17 and protecting it at national level
  2. 2 Whether absence of a footnote in the annex to Regulation No 1107/96 means each part of a compound designation is protected

Ratio Decidendi

Since the entry into force of Regulation No 2081/92, Member States may not, by adopting provisions of national law, alter a designation of origin for which they have requested registration under Article 17 and protect that designation at national level. Alterations must comply with the procedures established by the regulation. The absence of a footnote in the annex to Regulation No 1107/96 does not necessarily mean that each constituent part of a compound designation is protected.

Court Disposition

Preliminary ruling issued; Regulation No 2081/92 precludes Member States from altering designations of origin after requesting registration under Article 17; absence of footnote in Regulation No 1107/96 does not necessarily confer protection on each part of a compound designation.

Orders

  • Council Regulation (EEC) No 2081/92 must be interpreted as precluding Member States from altering a designation of origin after requesting registration under Article 17 and protecting it at national level.
  • Absence of a footnote in the annex to Commission Regulation (EC) No 1107/96 does not necessarily mean that each constituent part of a compound designation is protected.