CELEX: C1996/318/08
Language: en
Date: 1996-10-26 00:00:00
Title: Action brought on 3 September 1996 by the Commission of the European Communities against Ireland (Case C-290/96)

26 . 10 . 96             EN                  Official Journal of the European Communities                                    No C 318/5
      Article 3(1 ) precludes the registration of generic names .       by the Commission of the European Communities,
      In order to establish whether a name is generic,                  represented by Mr James Macdonald Flett, member of the
      particular account is to be taken of the existing situation       Legal Service, acting as agent, with an address for service in
      in the Member State in which the name originates, the             Luxembourg at the office of Mr Carlos Gomez de la Cruz,
      existing situation in other Member States, and the                member of the Legal Service, Wagner Centre, Kirchberg.
      relevant national or Community laws . 'Feta ' has been
      produced in Denmark since 1951 . Since 1963 rules have            The Applicant claims that the Court should :
      governed its production . 'Feta' was known and
      produced in the Community before Greece's accession.              — declare that by failing to adopt the laws, regulations or
      Danish 'feta ' was exported to Greece as ' feta ' until Greek            administrative provisions necessary to comply with
      rules on ' feta ' were introduced in 1987 . A number of                  Council Directive 93/53/EEC of 24 June 1993
      other Member States including, at all events, besides                    introducing minimum Community measures for the
      Denmark, Germany, France and Finland, produce ' feta '.                  control of certain fish diseases (') and Council Directive
      Moreover, since 1975 'feta' has been covered by various                  93/54/EEC of 24 June 1993 amending Directive
      Community rules . When the Council Regulation was                        91 /67/EEC concerning the animal health conditions
      issued, ' feta' was being lawfully produced and marketed                 governing the placing on the market of aquaculture
      in many Member States .                                                  animals and products ( 2 ), Ireland has failed to fulfil its
                                                                               obligations under those Directives and under the Treaty
— The registration of 'feta' as a protected designation of                     establishing the European Community,
      origin is, moreover, contrary to the provisions in
      Articles 30 and 36 of the Treaty. Under the Court's                      and
      case-law, there must be a geographical link between the
      designation and the region before a designation of origin         — order Ireland to pay the costs .
      can lawfully be protected. The region in question may
      not be an entire country and the designation must not be          Pleas in law and main arguments adduced in support
      used to protect products indiscriminately, whatever
      their origin .                                                    Article 1 89 of the EC Treaty provides that Directives shall be
                                                                        binding, as to the result to be achieved, on each Member
— In adopting Commission Regulation ( EC ) No 1107/86                   State to which they are addressed . Article 5 of the Treaty
      the   Commission         has  exceeded  the   limits    of its    provides that Member States shall take all appropriate
      discretionary powers .                                            measures, whether general or particular, to ensure
                                                                        fulfilment of the obligations arising out of the Treaty or
                                                                        resulting from action taken by the institutions of the
— Commission Regulation ( EC ) No 1107/96 is, in respect                Community.
      of 'feta', contrary to the principle of proportionality.
      Protection of Greek feta could be achieved by less                Directives 93/53/EEC and 93/54/EEC provide that Member
      onerous means . The Commission regulation is,                     States shall bring into force the laws, regulations and
      moreover, contrary to the principle of equal treatment            administrative provisions necessary to comply with the
       because 'feta' is a generic name which should be treated         Directives not later than 1 July 1994, and that they shall
      in the same way as other generic names .                          forthwith inform the Commission thereof.
— Lastly, in adopting Regulation ( EC ) No 1107/96, the                 The Commission has not received any information
       Commission has acted in breach of its duty of fairness,          concerning measures taken by Ireland to comply with the
       since it disregarded considerable opposition on the part         Directives and has received no official reply to its letter of
       of several Member States .                                       formal notice or its reasoned opinion .
                                                                         ( 1 ) OJ No L 175 , 19 . 7 . 1993 , p . 23 .
(') OJ No L 148 , 21 . 6 . 1996 , p . 1 .
( 2 ) OJ No L 208 , 24 . 7. 1992, p . 1 .                                ( 2 ) OJ No L 175 , 19 . 7. 1993 , p . 34 .
                                                                        Reference for a preliminary ruling by the Amtsgericht
                                                                        Reutlingen by judgment of that court of 19 August 1996 in
                                                                        the criminal proceedings against Martino Grado and Shahid
Action brought on 3 September 1996 by the Commission                                                       Bashir
          of the European Communities against Ireland
                                                                                                   ( Case C-291/96 )
                           ( Case C-290/96
                                                                                                      ( 96/C 318/09 )
                             ( 96/C 318/08 )
                                                                         Reference has been made to the Court of Justice of the
An action against Ireland was brought before the Court of                European Communities by judgment of the Amtsgericht
Justice of the European Communities on 3 September 1996                  ( Local Court ), Reutlingen, of 19 August 1996 , which was