Case C-132/05: Action brought on 21 March 2005 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2005-05-28
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, designation of origin, hard cheese, labelling

28.5.2005

EN

Official Journal of the European Union

C 132/15

Action brought on 21 March 2005 by the Commission of
the European Communities against the Federal Republic of
Germany

(Case C-132/05)

(2005/C 132/28)

(Language of the case: German)

manufacturing of cheese in the particular region of origin in
Italy. As a result of the registration of the protected designation
of origin ‘Parmigiano Reggiano’, the geographical expressions
‘Parmigiano’ and ‘Reggiano’ enjoy Community-wide protection
not only individually, but also together.

According to the Commission, there are no valid reasons for
the Federal Republic of Germany's view that the expression
‘Parmigiano’ is, when used alone, to be regarded as a generic
name in the sense of Article 3 of Regulation (EEC) No
2081/92, which the consumer does not associate with a
specific geographical area.

An action against
the Federal Republic of Germany was
brought before the Court of Justice of the European Commu-
nities on 21 March 2005, by the Commission of the European
Communities, represented by Eugenio De March and Sabine
Grünheid, with an address for service in Luxembourg.

The Commission of the European Communities claims that the
Court should:

1. declare that, by formally refusing to prosecute, on its terri-
tory, the use of the name ‘Parmesan’ for the labelling of
products which do not conform to the specification of the
protected designation of origin ‘Parmigiano Reggiano’ and
thus, promoting the use of the reputation of the genuine,
Community-wide protected product, the Federal Republic of
Germany has failed to fulfil
its obligations under Article
13(1)(b) of Council Regulation (EEC) No 2081/92 of 14 July
1992 (1) on the protection of geographical indications and
designations of origin for agricultural products and food-
stuffs;

2. order the Federal Republic of Germany to pay the costs of

the proceedings.

Pleas in law and main arguments

The Commission is of the opinion that the placing on the
market on German territory of cheese, under the designation
‘Parmesan’, which does not conform to the specification of the
designation ‘Parmigiano Reggiano’ infringes Article 13(1)(b) of
Regulation (EEC) No 2081/92, which the German authorities
are obliged to prohibit of their own motion.

Since the designation ‘Parmigiano Reggiano’
is a registered
protected designation of origin on the ‘list of protected geogra-
phical indications and designations of origin’ since 1996 and is,
thus, protected Community-wide, the Member States have to
protect this name from any misuse,
imitation or evocation.
This is the case even if the real place of origin of the product is
stated or it is a translation of a protected name that is being
used.

‘Parmesan’

is a translation
The Commission contends that
‘Parmigiano Reggiano’.
borrowed from the
‘Parmesan’ and ‘Parmigiano
According to the Commission,
Reggiano’ are synonymous, as evidenced by the history of the
origins of the protected name and proof in numerous reference
books, ranging from 1516 to the present, which refer to the

French for

the use of

follows from this that

Since it
the designation
‘Parmesan’ is reserved exclusively to producers in the specific
Italian region who produce cheese according to a mandatory
specification, the Federal Republic of Germany has failed to
fulfil its obligations under Article 13(1)(b) of Regulation (EEC)
No 2081/92 by refusing to prohibit the misuse of the name
‘Parmesan’ on German territory.

(1) OJ 1992 L 208, p. 1.

Action brought on 23 March 2005 by Commission of the
European Communities against Italian Republic

(Case C-135/05)

(2005/C 132/29)

(Language of the case: Italian)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 23 March
2005 by the Commission of the European Communities, repre-
sented by D. Recchia and M. Konstantinidis, of
its Legal
Service, acting as Agents.

The applicant claims that the Court should:

1. Declare that, by failing to adopt all the necessary measures,
the Italian Republic has failed to fulfil its obligations under
Articles 4, 8 and 9 of Council Directive 75/442/EEC (1)on
waste, as amended by Directive 91/156/EEC, (2) under
Article 2(1) of Council Directive 91/689/EEC (3) on hazar-
dous waste and Article 14(a), (b) and (c) of Council Directive
1999/31/EC (4) on the landfill of waste;

2. Order the Italian Republic to pay the costs.