CELEX: C2003/171/07
Language: en
Date: 2003-07-19 00:00:00
Title: 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)

C 171/6                   EN                         Official Journal of the European Union                                             19.7.2003
of the laws of the Member States relating to personal protective             Consorzio del Prosciutto di Parma, Salumificio S. Rita SpA and
equipment (OJ 1989 L 399, p. 18), and bears the EC marking,                  Asda Stores Ltd, Hygrade Foods Ltd, on the interpretation of
the Federal Republic of Germany has failed to fulfil its                     Council Regulation (EEC) No 2081/92 of 14 July 1992 on the
obligations under Articles 1 and 4 of that directive, the Court              protection of geographical indications and designations of
(Fifth Chamber), composed of: M. Wathelet, President of the                  origin for agricultural products and foodstuffs (OJ 1992 L 208,
Chamber, D. A. O. Edward, A. La Pergola, P. Jann (Rapporteur)                p. 1), as amended by the Act concerning the conditions of
and A. Rosas, Judges; D. Ruiz-Jarabo Colomer, Advocate                       accession of the Republic of Austria, the Republic of Finland
General; H.-A. Rühl, Principal Administrator, for the Registrar,             and the Kingdom of Sweden and the adjustments to the
has given a judgment on 22 May 2003, in which it:                            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
1.    Declares that by subjecting, by means of the legislation of            registration of geographical indications and designations of
      certain Länder, personal protection equipment for firefighters to      origin under the procedure laid down in Article 17 of
      additional requirements despite the fact that it complies              Regulation No 2081/92 (OJ 1996 L 148, p. 1), the Court,
      with the requirements of Council Directive 89/686/EEC of               composed of: G. C. Rodríguez Iglesias, President, J.-P. Puisso-
      21 December 1989 on the approximation of the laws of the               chet, M. Wathelet, R. Schintgen and C. W. A. Timmermans
      Member States relating to personal protective equipment and            (Presidents of Chambers), C. Gulmann (Rapporteur),
      bears the EC marking, the Federal Republic of Germany has              D. A. O. Edward, P. Jann, V. Skouris, F. Macken, N. Colneric,
      failed to fulfil its obligations under Articles 1 and 4 of that        S. von Bahr and J. N. Cunha Rodrigues, Judges; S. Alber,
      directive;                                                             Advocate General; M.-F. Contet, Principal Administrator, for
                                                                             the Registrar, has given a judgment on 20 May 2003, in which
2.    Orders the Federal Republic of Germany to pay the costs;               it has ruled:
3.    Orders the French Republic to pay its own costs.
( 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
                  JUDGMENT OF THE COURT                                            the product take place in the region of production, where such a
                                                                                   condition is laid down in the specification.
                            of 20 May 2003
in Case C-108/01 (Reference for a preliminary ruling from                    2.    Where the use of the protected designation of origin ‘Prosciutto
the House of Lords): Consorzio del Prosciutto di Parma,                            di Parma’ for ham marketed in slices is made subject to the
Salumificio S. Rita SpA v Asda Stores Ltd, Hygrade Foods                           condition that slicing and packaging operations be carried out
                                  Ltd ( 1)                                         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,
(Protected designations of origin — Regulation (EEC)                               and hence compatible with that provision.
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                       3.    However, the condition in question cannot be relied on against
be relied on against third parties — Legal certainty —                             economic operators, as it was not brought to their attention by
                                Publicity)                                         adequate publicity in Community legislation.
                            (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