Case C‑31/13 P

Hungary

v

European Commission

‛Appeal — Protected geographical indications — Regulation (EC) No 1234/2007 — Register of protected designations of origin and protected geographical indications for wine — E-Bacchus database — Tokaj’

Summary — Judgment of the Court (Third Chamber), 13 February 2014

Action for annulment — Actionable measures — Meaning — Measure producing binding legal effects — Assessment on the basis of objective criteria — Entry of a protected designation of origin in the electronic register of protected designations of origin and protected geographical indications for wine (the E-Bacchus database) — Designation of origin which is among the names already protected under Regulation No 1234/2007 — Transitional system — Not included

Any measures adopted by the institutions of the European Union, whatever their form, which are intended to have binding legal effects, are regarded as actionable measures, within the meaning of Article 263 TFEU. Those binding legal effects of a measure must be assessed in accordance with objective criteria, such as the contents of that measure, taking into account, as appropriate, the context in which it was adopted and the powers of the institution which adopted the measure. As regards inclusion in the E-Bacchus database of wine names recognised by Member States as protected designations of origin or geographical indications, this is not required for the names of those wines to enjoy protection at EU level, as those names are protected automatically under Regulation No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), without that protection being dependent on their inclusion in that database. Given that the entry at issue is not intended to have binding legal effects, it does not constitute an actionable measure. (see paras 54, 55, 64, 65)

The EU regime applying to the wine sector has, through Regulation No 479/2008 on the common organisation of the market in wine, been fundamentally changed with a view to achieving objectives related, in particular, to the quality of wines. To that end, the new rules on protection subject every application for the protection of a wine name to a detailed examination which is carried out in two stages, that is to say, at national and then at EU level, in accordance with Articles 118e to 118i of Regulation No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), with no automaticity being afforded in that regard, and with the Commission having genuine decision-making power by virtue of Article 118i of Regulation No 1234/2007 which enables it either to grant or to refuse protection of the designation of origin or geographical indication depending on whether or not the conditions laid down in that regulation have been satisfied. Since the legal context and the Commission’s powers connected with the entries in the E-Bacchus database under the two systems for protecting wine names, as created by the EU legislature, are not comparable, there is no infringement of the principle of equality. (see paras 74, 75)