Geography Reference
In-Depth Information
(a) 'ALTENBURGER ZIEGENKÄSE'
Case T-109/97
34
under Council Regulation 2081/92 concerned the PDO
'ALTENBURGER ZIEGENKÄSE' (goat cheese made in the Altenburg
region, which must contain a minimum percentage of goat's milk), which was
registered by Germany under Regulation No 2081/92. This registration was
preceded by several legislative and administrative measures in Germany. On 20
December 1993 the German authorities adopted regulations on cheese, which
identified 'ALTENBURGER ZIEGENKÄSE' as a designation of origin, the
geographical area of manufacture corresponding to that designation comprised
the districts of Altenburg, Schmölln, Gera, Zeitz, Geithain, Grimma, Wurzen
and Borna and the city of Gera. The names of these districts were subsequently
changed; for example, Schmölln and Altenburg became Altenburger Land, but
the geographical area covered by the 'ALTENBURGER ZIEGENKÄSE'
designation remained unchanged.
3.43
3.44
Before the registration by Regulation No 123/97 of the name 'ALTEN-
BURGER ZIEGENKÄSE', the applicants complained to the relevant Ger-
man ministry that the German regulations on cheese had defined the area of
manufacture of 'ALTENBURGER ZIEGENKÄSE' too widely, by including
in particular the district of Wurzen in Saxony, the place of establishment of the
cheesemaker Zimmermann GmbH, which has since 1936 likewise manufac-
tured a cheese sold under the name 'ALTENBURGER ZIEGENKÄSE'. The
applicants requested that the area of manufacture should be limited to the
district of Altenburger Land, as the product 'ALTENBURGER ZIEGEN-
KÄSE' could come only from the district which had given it its name. The
ministry rejected that request. The applicants complained to the Commission,
asking for an action for failure to fulfil obligations to be brought against
Germany under Art 169 of the EC Treaty.
3.45
The Court of First Instance took the view that the German legislature was
better placed than the Community legislature to define the geographical area,
taking account of the particular features of production and marketing in the
region. In the present case, it was for the applicants to produce, at the
admissibility stage, specific evidence of disadvantage to themselves and they
had not succeeded at national level in having the designation restricted to a
smaller geographical area, namely the district of Altenburger Land. They had
not produced any evidence to show that the contested provisions weakened
their rights. Consequently, the application was dismissed.
34
Molkerei Großbraunshain and Bene Nahrungsmittel v Commission
[1998] ECR II-3533.
