Judgment of the Court of 20 May 2003 in Case C-108/01 (Reference for a preliminary ruling from the House of Lords): Consorzio del Prosciutto di Parma, Salumificio S. Rita SpA v Asda Stores Ltd, Hygrade Foods Ltd (Protected designations of origin — Regulation (EEC) No 2081/92 — Regulation (EC) No 1107/96 — "Prosciutto di Parma" — Specification — Requirement for ham to be sliced and packaged in the region of production — Articles 29 EC and 30 EC — Justification — Whether requirement may be relied on against third parties — Legal certainty — Publicity)
Date: 2003-07-19
Institutions: Court of Justice
Subjects: Emilia-Romagna, designation of origin, interpretation of the law, location of production, meat product, preparation for market

C 171/6

EN

Official Journal of the European Union

19.7.2003

of the laws of the Member States relating to personal protective
equipment (OJ 1989 L 399, p. 18), and bears the EC marking,
its
the Federal Republic of Germany has failed to fulfil
obligations under Articles 1 and 4 of that directive, the Court
(Fifth Chamber), composed of: M. Wathelet, President of the
Chamber, D. A. O. Edward, A. La Pergola, P. Jann (Rapporteur)
and A. Rosas,
Judges; D. Ruiz-Jarabo Colomer, Advocate
General; H.-A. Rühl, Principal Administrator, for the Registrar,
has given a judgment on 22 May 2003, in which it:

requirements despite the fact

1. Declares that by subjecting, by means of the legislation of
certain Länder, personal protection equipment for firefighters to
additional
complies
with the requirements of Council Directive 89/686/EEC of
21 December 1989 on the approximation of the laws of the
Member States relating to personal protective equipment and
bears the EC marking, the Federal Republic of Germany has
failed to fulfil its obligations under Articles 1 and 4 of that
directive;

that

it

2. Orders the Federal Republic of Germany to pay the costs;

3. Orders the French Republic to pay its own costs.

Consorzio del Prosciutto di Parma, Salumificio S. Rita SpA and
Asda Stores Ltd, Hygrade Foods Ltd, on the interpretation of
Council Regulation (EEC) 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), as amended by the Act concerning the conditions of
accession of the Republic of Austria, the Republic of Finland
and the Kingdom of Sweden and the adjustments to the
Treaties on which the European Union is founded (OJ 1994
C 241, p. 21, and OJ 1995 L 1, p. 1), and of Commission
Regulation (EC) No 1107/96 of 12 June 1996 on the
registration of geographical indications and designations of
origin under the procedure laid down in Article 17 of
Regulation No 2081/92 (OJ 1996 L 148, p. 1), the Court,
composed of: G. C. Rodríguez Iglesias, President, J.-P. Puisso-
chet, M. Wathelet, R. Schintgen and C. W. A. Timmermans
of Chambers), C. Gulmann (Rapporteur),
(Presidents
D. A. O. Edward, P. Jann, V. Skouris, F. Macken, N. Colneric,
S. von Bahr and J. N. Cunha Rodrigues, Judges; S. Alber,
Advocate General; M.-F. Contet, Principal Administrator, for
the Registrar, has given a judgment on 20 May 2003, in which
it has ruled:

( 1) OJ C 118 of 21.4.2001.

1.

Council Regulation (EEC) No 2081/92 of 14 July 1992 on
the protection of geographical indications and designations of
origin for agricultural products and foodstuffs, as amended by
the Act concerning the conditions of accession of the Republic
of Austria, the Republic of Finland and the Kingdom of Sweden
and the adjustments to the Treaties on which the European
Union is founded, must be interpreted as not precluding the use
of a protected designation of origin from being subject to the
condition that operations such as the slicing and packaging of
the product take place in the region of production, where such a
condition is laid down in the specification.

2. Where the use of the protected designation of origin ‘Prosciutto
di Parma’ for ham marketed in slices is made subject to the
condition that slicing and packaging operations be carried out
in the region of production, this constitutes a measure having
equivalent effect to a quantitative restriction on exports within
the meaning of Article 29 EC, but may be regarded as justified,
and hence compatible with that provision.

3. However, the condition in question cannot be relied on against
economic operators, as it was not brought to their attention by
adequate publicity in Community legislation.

JUDGMENT OF THE COURT

of 20 May 2003

in Case C-108/01 (Reference for a preliminary ruling from
the House of Lords): Consorzio del Prosciutto di Parma,
Salumificio S. Rita SpA v Asda Stores Ltd, Hygrade Foods
Ltd (1)

(Protected designations of origin — Regulation (EEC)
No 2081/92 — Regulation (EC) No 1107/96 — ‘Prosciutto
di Parma’ — Specification — Requirement for ham to be
sliced and packaged in the region of production — Articles 29
EC and 30 EC — Justification — Whether requirement may
be relied on against third parties — Legal certainty —
Publicity)

(2003/C 171/07)

(Language of the case: English)

(1) OJ C 134 of 5.5.2001.

In Case C-108/01: Reference to the Court under Article 234
EC by the House of Lords (United Kingdom) for a preliminary
ruling in the proceedings pending before that court between