Kakavetsos-Fragkopoulos AE Epexergasias kai Emporias Stafidas v Nomarchiaki Aftodioikisi Korinthias.
Date: 2011-03-03
22. As a preliminary point, it should be borne in mind that Article 29 EC provides that quantitative restrictions on exports and all measures having equivalent effect are prohibited between Member States. It is established case‑law that that provision is recognised as having direct effect and, therefore, conferring rights on individuals which the national courts must protect (see, to that effect, Case 83/78 Redmond  [1978] ECR 2347, paragraphs 66 and 67, and Case C‑47/90 Delhaize and Le Lion  [1992] ECR I‑3669, paragraph 28).
27. As regards whether the legislation in question has the characteristics of a measure having equivalent effect to a quantitative restriction on exports within the meaning of that provision, it should be noted that, as is apparent from Article 1 of Regulation No 2201/96, dried grapes are covered by the common organisation of the markets provided for in Article 34 EC. It should be added that, as is apparent from the Court’s case‑law, in such a case any measure likely to impede, directly or indirectly, actually or potentially, intra-Community trade constitutes a measure having equivalent effect to a quantitative restriction on exports (see, inter alia, Case 94/79 Vriend [1980] ECR 327, paragraph 8, and Case C‑272/95 Deutsches Milch‑Kontor [1997] ECR I‑1905, paragraph 24).
28. It is clear that, in that it prohibits an economic operator such as Fragkopoulos from obtaining supplies of dried grapes from national geographical areas other than that in which that operator is established – in this case, from the first sub‑area of area A and the whole of area B – national legislation such as that at issue in the main proceedings undoubtedly has an impact on that operator’s volume of exports, given that the operator concerned can process and pack only dried grapes cultivated in the area in which it is itself established – that is, the second sub‑area of area A (see, to that effect, also Case C‑293/02 Jersey Produce Marketing Organisation [2005] ECR I‑9543, paragraph 80).
30. Moreover, with regard to the fact that the ‘Vostizza’ PDO is reserved solely for dried grapes processed and packed in the same area in which that grape has been cultivated, it need merely be observed that, according to settled case‑law, where the use of a PDO registered at European Union level is made subject to conditions connected with the region of production, that also constitutes a measure having equivalent effect to a quantitative restriction on exports within the meaning of Article 29 EC (see, to that effect, inter alia Case C‑469/00 Ravil [2003] ECR I‑5053, paragraph 88, and Case C‑108/01 Consorzio del Prosciutto di Parma and Salumificio S. Rita  [2003] ECR I‑5121, paragraph 59).
34. It should be noted in that regard that European Union 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 (Case C‑388/95 Belgium v Spain  [2000] ECR I‑3123, paragraph 53). That tendency manifested itself in the adoption of Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ 1992 L 208, p. 1), which, according to its preamble, is intended, inter alia, to meet consumers’ expectations as regards products of quality and an 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 (see Ravil , paragraph 48, and Consorzio del Prosciutto di Parma and Salumificio S. Rita , paragraph 63).
35. The applicable rules protect those entitled to use them against improper use of designations of origin by third parties seeking to profit from the reputation which they have acquired. Such designations 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 (see Belgium v Spain , paragraphs 54 to 56). 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 (see Ravil , paragraph 49, and Consorzio del Prosciutto di Parma and Salumificio S. Rita , paragraph 64).
37. Since there is no doubt that designations of origin fall within the scope of industrial and commercial property rights for the purpose of Article 30 EC, a condition such as that at issue in the main proceedings, which prohibits any movement of dried grapes between the two sub‑areas of area A, must be regarded as compatible with European Union law, despite its restrictive effects on trade, provided that it is shown that it is necessary and proportionate and capable of upholding the reputation of the PDO ‘Κορινθιακή Σταφίδα Βοστίτσα (Korinthiaki Stafida Vostitsa)’ (see, to that effect, Belgium v Spain , paragraphs 58 and 59, and Consorzio del Prosciutto di Parma and Salumificio S. Rita , paragraph 66).
42. Moreover, it should be borne in mind in that context that a restrictive measure may be regarded as complying with the requirements of European Union law only if it genuinely reflects a concern to secure the attainment of the objective pursued in a consistent and systematic manner.
51. However, it is established case‑law that a national measure having equivalent effect to a quantitative restriction on exports, which is in principle contrary to Article 29 EC, may be justified not only on one of the grounds stated in Article 30 EC but also by overriding requirements of public interest, provided that the measure is proportionate to the legitimate objective pursued (see, inter alia, Case C‑205/07 Gysbrechts and Santurel Inter [2008] ECR I‑9947, paragraph 45).
54. However, it should be borne in mind that a national measure which restricts the free movement of goods may not be justified solely on the ground that it aims to protect within the Member State concerned the purported quality of a product unless that product has a PDO (see, to that effect, Joined Cases C‑158/04 and C‑159/04 Alfa Vita Vassilopoulos and Carrefour-Marinopoulos  [2006] ECR I‑8135, paragraph 23).