Geography Reference
In-Depth Information
3. Defining the geographical area of production/protection
3.40
The Regulation contains no specific rules for delimiting the geographic area to
be the subject of a PDO or PGI. In
Germany v Commission (Agriculture)
30
the
ECJ pointed out that the terms 'region' and 'place' mentioned in Art 2(3) of
Regulation (EEC) No 2081/92 'may be interpreted only from a geomorpho-
logical and non-administrative viewpoint, in so far as the natural and human
factors inherent in a given product are likely to transcend administrative
borders'. In that case, which concerned the name 'FETA' the defined geo-
graphical area covered only the territory of mainland Greece and the depart-
ment of Lesbos. All other Greek islands and archipelagos were excluded
because the necessary natural and/or human factors did not apply there,
including the feed for goats based on the particular flora present in the pastures
of eligible regions and the ancestral tradition of transhumance, which produced
small native breeds of sheep and goats 'fitted for survival in an environment that
offers little food in quantitative terms but, in terms of quality, is endowed with
an extremely diversified flora, thus giving the finished product its own specific
aroma and flavour'.
31
The question of relevant territory is usually raised where the definition of the
geographical area excludes producers from the protection of a PDO or PGI.
This was the nub of the litigation in the cases discussed below concerning the
PGO 'ALTENBURGER ZIEGENKÄSE' and the PGI 'MELTON MOW-
BRAY PORK PIE'.
3.41
If products under the name in question have been lawfully produced outside the
geographical area, this will be taken into account. This was of relevance in
'MÜNCHNER WEIßWURST',
32
which concerned a boiled sausage popular
for breakfast in southern Germany. Although the relevant geographical area
was supposed to be the city and administrative district of Munich, the German
Federal Patent Court noted that 95 per cent of 'MÜNCHNER
WEIßWURST' was being produced outside the geographical area. The Court
held that it is of particular relevance if products from outside the geographical
area are being imported lawfully and unopposed on a large scale into the
geographical area.
33
3.42
30
[2005] EUECJ C-465/02 at para 35.
31
Ibid, at para. 36.
32
German Federal Patent Court, Case 30 W (pat) 22/06 Münchner Weißwurst [2009], MarkenR 2009, 166
discussed in Günzel, O. (2012) at 247.
33
Ibid, at 174.
