Judgment — ECLI:EU:C:2014:306
Date: 2014-05-08
Language of the case: Italian
Court formation: Ninth Chamber
Subject matter: Agriculture and Fisheries;Foodstuffs;Intellectual, industrial and commercial property;Consumer protection
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary — Judgment of the Court (Ninth Chamber), 8 May 2014 1. Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Clearly irrelevant questions and hypothetical questions put in a context not permitting a useful answer — Questions bearing no relation to the subject matter of the case in the main proceedings — Court’s lack of jurisdiction (Art. 267 TFEU) 2. Agriculture — Uniform legislation — Protection of geographical indications and designations of origin for agricultural products and foodstuffs — Regulation No 2081/92 — Protection of designations — Condition — Obligation to register (Council Regulation No 2081/92, as amended by Regulation No 535/97, Recital 12 and Art. 13(1)) 3. Agriculture — Uniform legislation — Protection of geographical indications and designations of origin for agricultural products and foodstuffs — Regulation No 2081/92 — Establishment of a national set of rules for the protection of designations which have not obtained a Community registration relating to products not falling within the scope of that regulation — Lawfulness — Conditions — Determination by the national court (Art. 28 EC; Council Regulation No 2081/92, as amended by Regulation No 535/97, Art. 2(2)(b) and 13(1)) 1. See the text of the decision. (see paras 19, 20) 2. On the Community market, where a geographical designation has not obtained a registration, in the light of the provisions of Regulation No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, as amended by Regulation No 535/97, it cannot enjoy the protection provided for by that regulation. Accordingly, as is apparent from the twelfth recital in the preamble to Regulation No 2081/92 and Article 13(1) thereof, in order to enjoy the protection provided for by it, that regulation introduced an obligation to obtain Community registration of geographical designations. (see paras 26, 27) 3. Regulation No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, as amended by Regulation No 535/97, must be interpreted as meaning that it does not afford protection to a geographical designation which has not obtained a Community registration, but that that geographical designation may be protected, should the case arise, under national legislation concerning geographical designations relating to products for which there is no specific link between their characteristics and their geographical origin, provided, however, that, first, the implementation of that legislation does not undermine the objectives pursued by Regulation No 2081/92 and, secondly, it does not contravene the principle of the free movement of goods under Article 28 EC, matters which fall to be determined by the national court. Whilst the aim of Regulation No 2081/92 is to provide a uniform and exhaustive system of protection, that exclusivity does not preclude, however, the application of rules governing the protection of geographical designations which fall outside its scope. Furthermore, as regards the first condition regarding compliance with Regulation No 2081/92, the protection granted by that set of rules must not have the effect of guaranteeing to consumers that products which enjoy that protection have a particular quality or characteristic, but only of ensuring that those products do in fact originate from the geographical area referred to. As regards the second condition, concerning compatibility with Article 28 EC, it is for the national court to satisfy itself, first, that the application of the national legislation in question does not have the purpose or effect of guaranteeing to consumers that products marketed under a specific geographic designation have a particular quality or characteristic and, secondly, that the implementation of that legislation pursues an overriding requirement in the public interest, is carried out in a non-discriminatory manner, is suitable for securing the attainment of the objective pursued and does not go beyond what is necessary in order to attain that objective. (see paras 28, 33, 34, 38, 39, operative part)