Geography Reference
In-Depth Information
3.46
On 7 December 1998 the applicants appealed this decision to the ECJ, which
reaffirmed the conclusions of the Court of First Instance.
35
It noted that even if
the persons to whom Regulation No 123/97 applied 'were identifiable at the
time when it was adopted and it were established that their number could in fact
scarcely change, its legislative character would not thereby be called into
question, as it envisages only objective legal or factual situations'.
36
Moreover,
the ECJ noted that the appellants had not shown that it was not possible for
them to bring proceedings in a national court against a competitor marketing a
cheese under the name 'ALTENBURGER ZIEGENKÄSE' on the ground
that it was not produced in the geographical area.
37
In such proceedings they
could argue that Regulation No 123/97 was unlawful, and so enable that court
to rule on all complaints brought in that respect, if appropriate after referring a
question on the validity of that regulation to the Court of Justice for a
preliminary ruling.
38
(b) 'MELTON MOWBRAY PORK PIE'
In
Northern Foods Plc v The Department for Environment, Food and Rural Affairs
& Anor
39
the Claimant sought to challenge the decision of the UK Department
of the Environment, Food and Rural Affairs ('Defra') to forward to the
European Commission an application by the Melton Mowbray Pork Pie
Association ('MMPPA') for the registration of 'MELTON MOWBRAY
PORK PIE' as a PGI under EC Council Regulation 2081/92/EEC. The
geographical area defined in the application covered a large area, including
Leicestershire, Nottinghamshire and parts of Northamptonshire and Lincoln-
shire. The claimant asserted that the pork pies should come only from Melton
Mowbray in Leicestershire. In rejecting this argument Crane J derived assist-
ance
40
from Art 4.2(f ),
41
which required that the specification included details
bearing out the link with (for a PGI) the geographical origin within the
meaning of Art 2(2)(b). He concluded that the 'defined geographical area' for
the purposes of Arts 2.2(b) and 4.2 may be different from the 'specific place' (or
3.47
35
Case C-447/98,
Molkerei Großbraunshain and Bene Nahrungsmittel v Commission
[2002] ETMR 55.
36
Ibid, at para 67 citing the order in Case C-87/95 P
CNPAAP v Council
[1996] ECR I-2003 at para 35.
37
Ibid, at para 77.
38
Ibid.
39
[2005] EWHC 2971.
40
Ibid, at para 25.
41
Article 4.2(f ) of Regulation 2081/92/EEC provided 'the details bearing out the link with the geographical
environment or the geographical origin within the meaning of Article 2(2)(a) or (b), whichever is applicable'.
Article 2.2(b), which was applicable in this case, provided that for the purposes of the regulation a PGI 'means
the name of a region, a specific place or, in exceptional cases, a country, used to describe an agricultural product
or a foodstuff; originating in that region, specific place or country, and which possesses a specific quality,
reputation or other characteristics attributable to that geographical origin and the production and/or processing
and/or preparation of which take place in the defined geographical area'.
