CELEX: C2003/055/19
Language: en
Date: 2003-03-08 00:00:00
Title: Case C-465/02: Action brought on 30 December 2002 (faxed on 27 December 2002) by the Federal Republic of Germany against the Commission of the European Communities

8.3.2003               EN                         Official Journal of the European Union                                            C 55/11
Action brought on 30 December 2002 (faxed on                                    legislative provisions themselves and by the fact that the
27 December 2002) by the Federal Republic of Germany                            Community makes provision for the grant of aid for the
  against the Commission of the European Communities                            manufacture of Feta on the Aegean islands.
                                                                          —     Infringement of Council Regulation No 2081/92 and of
                         (Case C-465/02)                                        Article 253 EC.
                          (2003/C 55/19)                                  (1 ) OJ 2002 L 277, p. 10.
An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities by the Federal Republic of Germany on
30 December 2002 (faxed on 27.12.2002), represented by                    Action brought on 30 December 2002 by the Kingdom
Wolf-Dieter Plessing, Ministerialrat in the Bundesministerium             of Denmark against the Commission of the European
der Finanzen (Federal Finance Ministry), Alfred Dittrich, Minis-              Communities (received by fax on 23 December 2002)
terialrat in the Bundesministerium der Justiz (Federal Ministry
of Justice) and by Dr Michael Loschelder, c/o Loschelder                                           (Case C-466/02)
Rechtsanwälte, Hohenstaufenring 30-32 D-50674 Cologne.
                                                                                                    (2003/C 55/20)
The applicant claims that the Court should:
1.    Annul Commission Regulation (EC) No 1829/2002 (1) of                An action against the Commission of the European Communi-
      14 October 2002 amending the annex to Commission                    ties was brought before the Court of Justice of the European
      Regulation (EC) No 1107/96 in relation to the ‘Feta’                Communities on 30 December 2002 (received by fax on
      designation;                                                        23 December 2002) by the Kingdom of Denmark, represented
                                                                          by J. Molde and J.B. Liisberg, acting as Agents, with an address
2.    Order the Commission to pay the costs.                              for service in Luxembourg.
                                                                          The applicant claims that the Court should:
Pleas in law and main arguments                                           —     Annul Commission Regulation (EC) No 1829/2002 (1) of
                                                                                14 October 2002 amending the Annex to Regulation
—     Infringement of the rules of procedure of the Regulatory                  (EC) No 1107/96 (2) with regard to the name ‘Feta’.
      Committee and infringement of Regulation (EEC) No 1:
      the documents for the meeting on 20 November 2001 of
      the Regulatory Committee established under Article 15               Pleas in law and main arguments
      of Council Regulation No 2081/92 on the protection of
      geographical indications and designations of origin for
      agricultural products and foodstuffs did not reach the
      Federal German Government 14 calendar days before-                  (Main)
      hand nor were they in German.
                                                                          The Commission adopted Regulation No 1829/2002 in con-
—     Infringement of Article 2(3) of Council Regulation                  travention of Article 17(2), in conjunction with Article 3(1), of
      No 2081/92: The Commission erroneously examines in                  Council Regulation (EEC) No 2081/92 ( 3) (the basic regulation):
      the recitals in the preamble to the contested regulation
      whether ‘Feta’ has become a generic designation. Since              Denmark bases its arguments in this connection on the
      ‘Feta’ is first of all a non-geographical concept, the              following principles of interpretation:
      Commission ought first to have proved that it has
      acquired a geographical meaning and indeed one that                 —     The prohibition of registration of generic designations
      does not refer to the whole of a Member State. The area                   specifically reflects a number of fundamental principles
      indicated by the Greek Government in its application is                   of Community law.
      quite plainly an artificial construct; unsupported by either
      tradition or commercial conceptions. Nor does Feta owe              —     This prohibition cannot be construed restrictively and
      its quality or characteristics predominantly or exclusively               compliance with the prohibition must be subject to full
      to geographical conditions; the Commission’s statements                   review by the Court.
      in Recital 36 are supported neither by the Greek Govern-
      ment’s application nor by the findings of the Scientific            —     If a designation has become on one occasion/been from
      Committee. Finally, the areas of production and manufac-                  the outset a generic designation, then it is for all time —
      ture do not coincide, as is borne out both by the Greek                   and irreversibly — a generic designation.