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ERA Academy of European Law Trier

ERA Academy of European Law Trier. Free movement of food – Case law of the ECJ. 4 th Annual conference on EU Law Institute for European Studies Ass. jur. Jens Hamer, Maître en droit européen Head of Section “European Business Law”, ERA. 2. Setting the scene.

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ERA Academy of European Law Trier

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  1. ERAAcademy of European Law Trier

  2. Free movement of food – Case law of the ECJ • 4th Annual conference on EU Law • Institute for European Studies • Ass. jur. Jens Hamer, Maître en droit européen • Head of Section “European Business Law”, ERA 2

  3. Setting the scene • Free movement of wine and prsut: • Not many directly related judgments • Context • Art. 28 EC • Agriculture (market organisation) • Food Law • Focus on principles of Art. 28 EC and their relation to foodstuff • and GI and PDO’s 3

  4. The menu • Apéritif: Kir royal or beer • Starter: Melon with Prosciutto di Parma • Main course: Picatta on Feta-Pasta with Parmeggiano accompagnied by Rioja Red Wine • Dessert: Mousse au chocolat with Strawberries 4

  5. Apéritif: Kir royal • which is the result of C-309/89 and C-120/78 • Champagne with Cassis de Dijon • Importation of French liquor to Germany, where liquor should have 25% of alcohol • in France 15 to 20 % • Introduces - new justification ground - principle of mutual recognition • Follow-up: Communication on the free movement of foodstuffs within the Community (OJ C 271, 24.10.1989) 5

  6. Apéritif: beer • The German beer case (C-178/84) • German “Reinheitsgebot” (purity requirement) in question for foreign beer using additves • Violation of Art. 28 • Not justified under Cassis and Art 30 • Unnecessary, as market solves the problem • Follow-up: Brasserie de Pêcheur (C-46/93) 6

  7. Starter: Melon with Parma Ham • The Parma Ham case (C-108/01) • The use of a protected designation of origin (PDO) and protection of geographical indications (GI) is • justified with protection of industrial and commercial property (Art. 30 EC). • Maintaining the quality and reputation of Parma ham justifies the rule that the product must be grated or sliced and packaged in the region. • The specifications define checks and detailed strict operations in order to preserve the reputation of those two products. 7

  8. Main course • Picatta on Feta-pasta with Parmeggiano and Rioja Red Wine • C-465 and 466/02 (Feta), C-407/85 (3 Glocken – Pasta), C-66/00 and C-469/00 (Parmeggiano) and C-388/95 (Rioja) • Focus on Feta and Rioja case and Parmeggiano 8

  9. The Rioja case • condition imposed by the Spanish rules to the effect that wine protected by a controlled designation of origin must be bottled only in authorized cellars in the region of production in order to be eligible to be described as "Rioja" • impediment to the free movement of goods • but justified as a measure protecting the controlled designation of origin which could be used by all the producers concerned and was of decisive importance to them 9

  10. The Feta case • Similar facts, but different background! • C-289, 293 and 299/96 (Feta I) • C-465 and 466/02 (Feta II) • Regulation No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ 1992 L 208, p. 1) • to be registered as a PDO, a traditional name such as ‘feta’, which is not the name of a region, place or country, must refer to an agricultural product or a foodstuff from a defined geographical environment with specific natural and human factors which is capable of conferring on that product or foodstuff its specific characteristics. 10

  11. The Feta case • the name cannot have become generic • ECJ: consumers in those Member States perceive feta as a cheese associated with Greece, even if in reality it has been produced in another Member State • Thus, the Commission could lawfully decide that the term ‘feta’ had not become generic. 11

  12. The Parmeggiano case • C-469/00 Ravil, same as Parma Ham • C-66/00 Bigi (Gran Padano): • A cheese produced in Italy is not covered by the transitional system of derogations under the Regulation on PDO’s, which covers only products originating in Member States other than the one applying for registration of the PDO in question. 12

  13. Dessert • Mousse au chocolat (chocolate dealt with in C-14/00) • and Strawberries (C-265/95, Commission vs. France) • Violation of Art. 28 due to non-acting • Follow up: Regulation 2678/98 13

  14. Conclusions • foodstuff as goods subject to art. 28 EC infringements • hugh variety of cases • mainly related to GI and PDO at Ec and national level • either intellectual property justification or under own regulation • protection guaranteed in case of a specific product that has not become generic 14

  15. Thank you very much for your attention!www.era.int 15

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