Fundación Consejo Regulador de la Denominación de Origen Protegida Queso Manchego v Industrial Quesera Cuquerella SL and Juan Ramón Cuquerella Montagud.
Date: 2019-05-02
16


The Court has consistently held that, in interpreting a provision of EU law, it is necessary to consider not only its wording but also the context in which it occurs and the objectives pursued by the rules of which it is part (judgments of 17 May 2018, Industrias Químicas del Vallés, C‑325/16, EU:C:2018:326, paragraph 27, and of 7 June 2018, Scotch Whisky Association, C‑44/17, EU:C:2018:415, paragraph 27).
19


It is true that the Court has held that the concept of ‘evocation’ covers a situation where the term used to designate a product incorporates part of a registered name, so that when the consumer is confronted with the name of the product, the image triggered in his mind is that of the product whose name is protected (see, by analogy, judgment of 4 March 1999, Consorzio per la tutela del formaggio Gorgonzola, C‑87/97, EU:C:1999:115, paragraph 25).
20


The Court has also stated that, for the purposes of determining what is meant by the term ‘evocation’, within the meaning of Article 16(b) of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ 2008 L 39, p. 16), the decisive criterion is whether, when the consumer is confronted with a disputed designation, the image triggered directly in his mind is that of the product whose geographical indication is protected (judgment of 7 June 2018, Scotch Whisky Association, C‑44/17, EU:C:2018:415, paragraph 51).
25


Second, as the Commission pointed out, it is true that the Court held, in the judgment of 7 June 2018, Scotch Whisky Association (C‑44/17, EU:C:2018:415, paragraph 65), that Article 16 of Regulation No 110/2008, which is worded in similar terms to Article 13 of Regulation No 510/2006, sets out a graduated list of prohibited conduct.
37


Next, although it is for the national courts to ascertain whether the use by a producer of figurative signs which evoke the geographical area whose name is part of a designation of origin for identical or similar products to those covered by that designation amounts to evocation of a registered name, within the meaning of Article 13(1)(b) of that regulation, the Court, when giving a preliminary ruling on a reference, may, in appropriate cases, give clarifications to guide the national court in its decision (see, to that effect, judgment of 10 September 2009, Severi, C‑446/07, EU:C:2009:530, paragraph 60).
38


In doing so, the national court must essentially rely on the presumed reaction of consumers, it being essential that the latter establish a link between the disputed elements, namely, in the present case figurative signs evoking the geographical area whose name is part of a designation of origin and the registered name (see, to that effect, judgment of 21 January 2016, Viiniverla, C‑75/15, EU:C:2016:35, paragraph 22).
39


In that regard, it is for the national court to assess whether the link between those disputed elements and the registered name is sufficiently clear and direct that that name is especially brought to the mind of the consumer in their presence (see, to that effect, judgment of 7 June 2018, Scotch Whisky Association, C‑44/17, EU:C:2018:415, paragraphs 53 and 54).
45


First of all, as regards the interpretation of Article 16(b) of Regulation No 110/2008, worded in similar terms to Article 13(1)(b) of Regulation No 510/2006, the Court held that for the purpose of establishing whether there is an ‘evocation’ of a registered geographical indication, the referring court is required to determine whether, when the average European consumer who is reasonably well informed and reasonably observant and circumspect is confronted with the disputed designation, the image triggered directly in his mind is that of the product whose geographical indication is protected (see, to that effect, judgment of 7 June 2018, Scotch Whisky Association, C‑44/17, EU:C:2018:415, paragraph 56).
46


The Court has also made clear that the fact that the disputed designation in the case that gave rise to the judgment cited in the preceding paragraph refers to a place of production that is known to consumers in the Member State where the product is made is not relevant for the purpose of assessing the concept of ‘evocation’ within the meaning of Article 16(b) of Regulation No 110/2008, since that provision protects registered geographical indications against any evocation throughout the territory of the European Union and, in view of the need to guarantee effective and uniform protection of those indications in that territory, it covers all European consumers (see, by analogy, judgments of 21 January 2016, Viiniverla, C‑75/15, EU:C:2016:35, paragraphs 27 and 28, and of 7 June 2018, Scotch Whisky Association, C‑44/17, EU:C:2018:415, paragraph 59).