Source: EURLEX
Language: en
Format: md

|  |  |  |
| --- | --- | --- |
| European flag | Official Journal  of the European Union | EN  C series |

---

|  |  |  |
| --- | --- | --- |
|  | C/2025/2909 | 2.6.2025 |

Action brought on 4 April 2025 – Emmentaler Switzerland v Commission

(Case T-223/25)

(C/2025/2909)

Language of the case: German

Parties

Applicant: Emmentaler Switzerland (Bern, Switzerland) (represented by: M. Pemsel, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

|  |  |
| --- | --- |
| — | annul Commission Implementing Decision (EU) 2025/107 of 23 January 2025 refusing protection in the Union of the Appellation of Origin ‘Emmentaler’ registered in the International Register of Appellations of Origin and Geographical Indications of the Geneva Act; |

|  |  |
| --- | --- |
| — | order the defendant to pay the costs of the proceedings. |

Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law, alleging infringement of Article 5(1) and Article 7 of Regulation (EU) 2019/1753 [(1)](#ntr1-C_202502909EN.000101-E0001) in conjunction with Article 46(1) and Article 28 of Regulation (EU) 2024/1143. [(2)](#ntr2-C_202502909EN.000101-E0002)

The applicant claims that the defendant was wrong to refuse protection in the European Union in respect of the international registration of the geographical appellation of origin ‘Emmentaler’. Contrary to the view taken by the defendant, it is not a generic term within the meaning of Article 28(1) of Regulation (EU) 2024/1143.

No reliable findings have been made by the defendant to support its assessment.

On the contrary, the term ‘Emmentaler’ is protected as a geographical appellation of origin under a number of international agreements. The directly applicable Stresa Convention of 1 June 1951 protects ‘Emmentaler’ on its own (see Annex B to the Convention). It has thus been recognised in international law since the 1950s that the term ‘Emmentaler’ on its own is reserved for cheese from Switzerland. This has already been confirmed by Italian courts.

Furthermore, there are bilateral State treaties between the Swiss Confederation, on the one hand, and Germany, France, Spain, Portugal, Hungary, the Czech Republic and Slovakia, on the other. In those treaties also, ‘Emmentaler’ on its own is protected as a geographical appellation of origin.

On the basis of the aforementioned protection of ‘Emmentaler’ as a geographical appellation of origin, that term cannot have degenerated to one that is generic.

---

---

ELI: http://data.europa.eu/eli/C/2025/2909/oj

ISSN 1977-091X (electronic edition)

---

[Top](#document1)