Caseificio Cirigliana Srl and Others v Ministero delle Politiche agricole, alimentari e forestali and Others.
Date: 2019-10-17
24


In that regard, it should be borne in mind that, in accordance with settled case-law, questions on the interpretation of EU law referred by a national court in the factual and legislative context which that court is responsible for defining, and the accuracy of which is not a matter for the Court to determine, enjoy a presumption of relevance. The Court may refuse to rule on a question referred for a preliminary ruling by a national court only where it is quite obvious that the interpretation of EU law that is sought bears no relation to the actual facts of the main action or its purpose, where the problem is hypothetical, or where the Court does not have before it the factual or legal material necessary to give a useful answer to the questions submitted to it (judgment of 8 September 2009, Budějovický Budvar, C‑478/07, EU:C:2009:521, paragraph 63 and the case-law cited).
30


As a preliminary point, it must be noted that, in accordance with the Court’s settled case-law, it may decide to take into consideration rules of EU law to which the national court has made no reference in the wording of its question (see, to that effect, judgment of 1 February 2017, Município de Palmela, C‑144/16, EU:C:2017:76, paragraph 20 and the case-law cited).
35


Next, it must be recalled that, in accordance with the Court’s case-law, EU legislation displays a general tendency to enhance the quality of products within the framework of the common agricultural policy, in order to promote the reputation of those products through, inter alia, the use of designations of origin which enjoy special protection. It also aims to satisfy the consumers’ expectation regarding product quality and identifiable geographical origin, and to enable producers, in conditions of fair competition, to secure higher incomes in return for a genuine effort to improve quality (judgment of 19 December 2018, S, C‑367/17, EU:C:2018:1025, paragraph 24 and the case-law cited).
36


Finally, designations of origin fall within the scope of industrial and commercial property rights. The applicable rules protect those entitled to use them against improper use of those designations by third parties seeking to profit from the reputation which they have acquired. They are intended to guarantee that the product bearing them comes from a specified geographical area and displays certain particular characteristics. They may enjoy a high reputation amongst consumers and constitute for producers who fulfil the conditions for using them an essential means of attracting custom. The reputation of designations of origin depends on their image in the minds of consumers. That image in turn depends essentially on particular characteristics and more generally on the quality of the product. It is on the latter, ultimately, that the product’s reputation is based. For consumers, the link between the reputation of the producers and the quality of the products also depends on his being assured that products sold under the designation of origin are authentic (judgment of 20 May 2003, Consorzio del Prosciutto di Parma and Salumificio S. Rita, C‑108/01, EU:C:2003:296, paragraph 64).
39


Accordingly, EU law does not preclude a condition such as that at issue in the main proceedings, despite its restrictive effects on trade, if it is shown that it is necessary and proportionate and capable of safeguarding the quality of the product at issue, guaranteeing its origin or ensuring that the control of the specification for that PDO is monitored (see, by analogy, judgment of 19 December 2018, S, C‑367/17, EU:C:2018:1025, paragraph 26 and the case-law cited).
42


In that regard, the Court has held that a national measure providing that facilities of undertakings which do not produce the products qualifying for a PDO must be quite separate from those in which the products bearing a PDO are produced is justified by the aim of preserving the considerable reputation of a PDO product (see, to that effect, judgment of 16 May 2000, Belgium v Spain, C‑388/95, EU:C:2000:244, paragraphs 72 and 75).