CELEX: 62019CN0783
Language: en
Date: 2019-10-22 00:00:00
Title: Case C-783/19: Request for a preliminary ruling from the Audiencia Provincial de Barcelona (Spain) lodged on 22 October 2019 — Comité Interprofessionnel du Vin de Champagne v GB

20.1.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 19/31
            
         
      Request for a preliminary ruling from the Audiencia Provincial de Barcelona (Spain) lodged on 22 October 2019 — Comité Interprofessionnel du Vin de Champagne v GB
      (Case C-783/19)
      (2020/C 19/31)
      Language of the case: Spanish
      
         Referring court
      
      Audiencia Provincial de Barcelona
      
         Parties to the main proceedings
      
      
         Applicant: Comité Interprofessionnel du Vin de Champagne
      
         Defendant: GB
      
         Questions referred
      
      
                  1.
               
               
                  Does the scope of protection of a designation of origin make it possible to protect that designation of origin not only as against similar products but also as against any services which may be associated with the direct or indirect distribution of those products?
               
            
                  2.
               
               
                  Does the risk of infringement by evocation, to which the articles in question of the Community regulations (1) (2) refer, necessitate in the first instance a nominal analysis, to determine the effect that this has on the average consumer, or, in order to examine that risk of infringement by evocation, is it necessary to establish first of all that the products at issue are the same or similar or are complex products whose components include a product protected by a designation of origin?
               
            
                  3.
               
               
                  Must the risk of infringement by evocation be defined using objective criteria when the names are exactly the same or highly similar or must that risk be calibrated by reference to the products and services which evoke and are evoked in order to conclude that the risk of evocation is tenuous or irrelevant?
               
            
                  4.
               
               
                  In cases where there is a risk of evocation or exploitation, is the protection provided for in the legislation referred to specific protection related to the special features of the products concerned or must the protection be connected to the provisions on unfair competition?
               
            
         (1)  Article 13 of Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ 2006 L 93, p. 12).
      
         (2)  Article 103 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ 2013 L 347, p. 671).