CELEX: C1996/318/10
Language: en
Date: 1996-10-26 00:00:00
Title: Reference for a preliminary ruling from the Finanzgericht Düsseldorf made by order of that court of 14 August 1996 in the case of Göritz Intransco International GmbH v. Hauptzollamt Düsseldorf (Case C-292/96)

No C 318/6               EN                  Official Journal of the European Communities                                    26 . 10 . 96
 received at the Court Registry on 3 September 1996, for a              Action brought on 9 September 1996 by the Federal
preliminary ruling in the criminal proceedings against                  Republic of Germany against the Commission of the
Martino Grado and Shahid Bashir on the following                                           European Communities
 question:                                                                                     ( Case C-293/96
                                                                                                 ( 96/C 318/11 )
 Is it compatible with European Community law or is it
 contrary to the prohibition on discrimination laid down in
 Article 6 of the Treaty on European Union for a
 Staatsanwalt ( Public Prosecutor ) expressly to refuse to use          An action against the Commission of the European
 the courtesy title 'Herr' in an application, which he has              Communities was brought before the Court of Justice of the
 drafted and subsequently placed before the court for                   European Communities on 9 September 1996 by the Federal
 signature, for a summary punishment order in the case of a             Republic of Germany, represented by Dr Ernst Roder, of the
 foreign employee ( for the purposes of Articles 48 to 51 of the        Federal Ministry of Economic Affairs, D-53107 Bonn, and
Treaty on European Union ) from another Member State of                 Dr Alfred Dittrich, of the Federal Ministry of Justice,
the European Union, particularly where this is contrary to              D-53175 Bonn .
the custom of the Staatsanwaltschaft ( Public Prosecutor's
 Office ) and to the Staatsanwalt's own usual practice ?
                                                                        The applicant claims that the Court should :
                                                                        — declare void Article 1 ( 1 ) of Commission Regulation
                                                                            ( EC ) No 1 107/96 of 12 June 1996 on the registration of
Reference for a preliminary ruling from the Finanzgericht                   geographical indications and designations of origin
Diisseldorf made by order of that court of 14 August 1996                   under the procedure laid down in Article 17 of Council
in the case of Goritz Intransco International GmbH v.                       Regulation ( EEC) No 2081 /92 (') in so far as it is laid
                     Hauptzollamt Diisseldorf                               down in the Annex thereto that for cheeses from Greece
                          ( Case C-292/96 )                                 the designation ' feta ' is to be registered as a protected
                                                                            designation of origin (PDO ) in the 'Register of protected
                             96/C 318/ 10 )
                                                                            designations of origin and protected geographical
                                                                            indications' maintained by the Commission,
Reference has been made to the Court of Justice of the
European Communities by order of the Fourth Senate of the
Finanzgericht ( Finance Court ) Diisseldorf of 14 August               — order the defendant to pay the costs of the
 1996 , which was received at the Court Registry on                         proceedings.
4 September 1996 , for a preliminary ruling in the case of
Goritz Intransco International GmbH v. Hauptzollamt
( Principal Customs Office ) Diisseldorf on the following
questions :                                                            Pleas in law and main arguments adduced in support
 1 . Is Article 76 ( 1 ) of Council Regulation ( EEC )
      No 2913/92 establishing the Community Customs                    The designation 'feta' does not constitute a designation of
      Code ( 1 ), in conjunction with Article 398 et seq. of            origin within the meaning of Article 2 ( 3 ) of Council
      Commission Regulation (EEC ) No 2454/93 laying                   Regulation (EEC ) No 2081 /92 (2 ). ' Feta ' is not a
      down provisions for the implementation of Council                geographical name . Nor is it a traditional name designating
      Regulation ( EEC ) No 2913/92 establishing the                   an agricultural product or foodstuff originating in a specific
      Community Customs Code ( 2 ), the legal basis for grant          region or place; cheeses marketed under the name ' feta ' have
      of 'authorized consignor' status, or is such                      been produced for a long time in numerous countries
      authorization, pursuant to Article 76 ( 4 ) of Regulation        outside Greece, for example Denmark, Germany, France ,
      ( EEC ) No 2913/92, to be based only on the said                 the Balkans, Iran and the USA. Moreover, feta cheeses are
      Article 398 et seq.}                                             not products, the quality or characteristics of which are
                                                                       essentially or exclusively due to a particular geographical
2 . Does Article 398 of Regulation ( EEC ) No 2454/93                  environment with its inherent natural and human factors
      preclude authorization as an 'authorized consignor'              and the production, processing and preparation of which
      where, as a result of goods having already been                  take place in a defined geographical area . According to the
      presented to customs, the exemption from the                     specification submitted by the competent Greek body, the
      obligation to present them is no longer possible ?               administrative district of Lesbos is the only possible area of
                                                                       origin in the Aegean Sea ; pursuant to Regulation ( EEC )
(') OJ No L 302 , 19 . 10 . 1992 , p . 1 .                             No 2019/93 ( 3 ) Community law provides for aid for the
( 2 ) OJ No L 253 , 11 . 10 . 1993 , p . 1 .                           production of feta on such islands as are not referred to in
                                                                       the abovementioned specification . The Federal Government
                                                                       takes the view that ' feta ' is a generic name which by virtue of
                                                                       Article 17 ( 2 ), third sentence, of Regulation No 2081/92