Case T-419/25: Action brought on 30 June 2025 – Austria v Commission
Date: 2025-06-30
Institutions: General Court
Subjects: Emilia-Romagna, Italy, designation of origin, free movement of goods, freedom to provide services, hard cheese, labelling, product designation








C_202504619EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/4619


25.8.2025






Action brought on 30 June 2025 – Austria v Commission


(Case T-419/25)

(C/2025/4619)
Language of the case: German

Parties


Applicant: Republic of Austria (represented by: J. Schmoll and P. Thalmann, acting as Agents)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Commission Implementing Regulation (EU) 2025/661 of 3 April 2025 approving non-minor amendments to the product specification for a name entered in the register of protected designations of origin and protected geographical indications (Parmigiano Reggiano (PDO)); (1)











—


order the European Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on the following pleas in law.






1.


First plea in law, alleging that the European Commission has infringed Article 34 TFEU in that the amendment to Article 9 of the ‘Cows Feeding Rules’ section of the product specification of the protected designation of origin ‘Parmigiano Reggiano’ authorised by Commission Implementing Regulation (EU) 2025/661, or the product specification in the version amended by Commission Implementing Regulation (EU) 2025/661, constitutes a measure having equivalent effect that pursues one of the objectives mentioned in Article 36 TFEU in a disproportionate manner.










2.


Second plea in law, alleging that, by adopting Implementing Regulation (EU) 2025/661 in breach of Article 34 TFEU, the European Commission also infringed Article 7(1)(e) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council, (2) according to which, in particular, the description of the method of obtaining the product included in a product specification ‘[must take] into account Union law, in particular that on the free movement of goods and the free provision of services.’










3.


Third plea in law, alleging that, in adopting Implementing Regulation (EU) 2025/661, the European Commission infringed Article 3(4) of Regulation (EU) No 182/2011 of the European Parliament and of the Council (3) and Article 4(5) of the Rules of Procedure for the Quality Policy Committee for Agricultural Products, Wine and Spirit Drinks, by failing to ensure, or at least by limiting the possibility, that the members could express their views and deliberate in an appropriate manner on the draft implementing act.










4.


Fourth plea in law, alleging that, in adopting Implementing Regulation (EU) 2025/661, the European Commission infringed Article 52(3) of Regulation (EU) No 1151/2012, in that it adopted Implementing Regulation (EU) 2025/661 without taking due account of the results of the consultations.






(1)  OJ L 2025/661.

(2)  Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ 2012 L 343, p. 1).

(3)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ 2011 L 55, p. 13).


ELI: http://data.europa.eu/eli/C/2025/4619/oj
ISSN 1977-091X (electronic edition)