Source: EURLEX
Language: en
Format: md

**Order of the General Court (Third Chamber) of 7 July 2011 – Acetificio Marcello de Nigris v Commission**

**(Case T-351/09)**

Action for annulment – Registration of a protected geographical indication – Lack of individual concern – Inadmissibility

1.                     *Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Possibility of basing
an action brought before the entry into force of the Lisbon Treaty on Article 263, fourth para., TFEU – None (Art. 230, fourth
and fifth paras, EC; Art. 263, fourth para., TFEU) (see para. 57)*

2.                     *Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Regulation concerning
the entry of certain designations in the ‘Register of protected designations of origin and protected geographical indications’
– Protection of the geographical indication ‘Aceto balsamico di Modena’ – Action by a producer established outside the provinces
in respect of which the entry made – No acquired rights specific to that producer – Inadmissibility (Arts 230, fourth para.,
EC and 249, second para., EC; Council Regulation No 510/2006, Art. 13(1)) (see paras 59-70)*

3.                     *European Union – Judicial review of the legality of the acts of the institutions – Measures of general scope – Protection
assured by the national courts where the EU judicature without jurisdiction – Regulation No 2081/92 – No opposition procedure
initiated against an application for registration of a geographical indication, provided for by the regulation, and subsequent
introduction of an action before the national courts – Infringement of the right to effective legal protection – None (Art.
230 EC; Council Regulation No 2081/92, Art. 5(5) and (7)) (see paras 73, 75-79)*

**Re:**

|  |  |
| --- | --- |
|  | APPLICATION for annulment of Commission Regulation (EC) No 583/2009 of 3 July 2009 entering a name in the register of protected designations of origin and protected geographical indications (Aceto Balsamico di Modena (PGI)) (OJ 2009 L 175, p. 7). |

**Operative part**

|  |  |  |
| --- | --- | --- |
| 1. |  | The action is dismissed as inadmissible. |

|  |  |  |
| --- | --- | --- |
| 2. |  | There is no need to adjudicate on the application for leave to intervene of Consorzio Filiera Aceto Balsamico di Modena. |

|  |  |  |
| --- | --- | --- |
| 3. |  | Acetificio Marcello de Nigris Srl is ordered to bear its own costs and pay those incurred by the European Commission. |

|  |  |  |
| --- | --- | --- |
| 4. |  | The Italian Republic and Consorzio Filiera Aceto Balsamico di Modena are ordered to bear their own costs. |

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