Ravil (Free movement of goods) [2003] EUECJ C-469/00 (20 May 2003)

Ravil (Free movement of goods) [2003] EUECJ C-469/00 (20 May 2003)

A requirement that Grana Padano cheese be grated and packaged in the region of production constitutes a measure having equivalent effect to a quantitative restriction on exports under Article 29 EC, but is justified by the protection of industrial and commercial property, specifically the reputation, quality, and authenticity of the PDO. Regulation No 2081/92 does not preclude such a condition if laid down in the specification. However, the condition cannot be relied upon against economic operators unless it was adequately publicized in Community legislation or, for pre-1107/96 activities, if national publicity rules applied.

Citation
[2003] EUECJ C-469/00
Parties
Applicant: Ravil SARL; Respondent: Biraghi SpA; Respondent: Bellon import SARL
Jurisdiction
European Union
Judgment Date
20 May 2003
Procedural Posture
Preliminary Ruling / Judgment
Outcome
Preliminary ruling issued; national court to apply findings to main proceedings.
Legal Topics
Protected Designations of Origin, Free Movement of Goods, Quantitative Restrictions, Industrial and Commercial Property, Legal Certainty
European Union Law International Law Commercial Law Protected Designations of Origin Free Movement of Goods Quantitative Restrictions Industrial and Commercial Property Legal Certainty

Case Brief

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Parties

Ravil SARL

Applicant

Biraghi SpA

Respondent

Bellon import SARL

Respondent

Procedural Posture

Preliminary Ruling / Judgment

Legal Issues

  1. 1 Whether national or bilateral measures reserving the Grana Padano designation for cheese grated and packaged in the region of production constitute prohibited quantitative restrictions under Article 29 EC
  2. 2 Whether such restrictions are justified by protection of industrial and commercial property
  3. 3 Whether Regulation No 2081/92 precludes PDO use from being subject to grating and packaging conditions

Ratio Decidendi

A requirement that Grana Padano cheese be grated and packaged in the region of production constitutes a measure having equivalent effect to a quantitative restriction on exports under Article 29 EC, but is justified by the protection of industrial and commercial property, specifically the reputation, quality, and authenticity of the PDO. Regulation No 2081/92 does not preclude such a condition if laid down in the specification. However, the condition cannot be relied upon against economic operators unless it was adequately publicized in Community legislation or, for pre-1107/96 activities, if national publicity rules applied.

Court Disposition

Preliminary ruling issued; national court to apply findings to main proceedings.

Orders

  • Article 29 EC does not preclude a bilateral convention making applicable national legislation reserving the designation for cheese grated and packaged in the region of production.
  • Regulation No 2081/92 does not preclude PDO use from being subject to grating and packaging conditions if specified.