Geography Reference
In-Depth Information
'region') where the foodstuff originated and that Defra was clearly correct in
forwarding the application to the Commission.
42
3.48
Incidentally, the judge observed that if the Claimant was correct, a number of
registrations had been made that did not comply with 'the Regulation instanc-
ing the specified area for 'PRUNEAUX D'AGEN' which included not merely
Agen but large parts of the departments of Lot-et-Garonne, Gironde, Dor-
dogne, Lot and Tarn-et-Garonne'.
43
The judge noted that the argument put
forward by the Claimant was novel and not one that has previously met with
agreement by the Commission or any of the Member States.
44
This may have
had a bearing on the judge's determination.
4. Designation of origin
3.49
Article 5(1) provides that for the purpose of this Regulation, 'designation of
origin' is a name which identifies a product:
(a) originating in a specific place, region or, in exceptional cases, a country;
(b) whose quality or characteristics are essentially or exclusively due to a particular
geographical environment with its inherent natural and human factors; and
(c) the production steps of which all take place in the defined geographical area.
5. Production steps in the defined geographical area
3.50
A number of ECJ cases under Regulation No 2081/92 addressed food process-
ing and packaging as part of a PDO.
(a) 'RIOJA'
Case C-47/90
45
concerned the PDO 'RIOJA'. Under Arts 84 et seq. of Law No
25/70, wine produced in the La Rioja region was granted a 'denominación de
origen'. At that time, a Governing Council for the designation of origin Rioja
was set up. By order of the Spanish Minister for Agriculture, Fisheries and Food
of 3 April 1991
46
the rules applicable to that designation and the Rioja were
approved. Article 32 of the Rioja Rules provided that wine protected by the
denominación de origen calificada Rioja shall be bottled exclusively in the
registered cellars authorised by the Governing Council, failing which the wine
3.51
42
[2005] EWHC 2971 at para 30.
43
Ibid, at para 27.
44
Ibid, at para 28.
45
Établissements Delhaize Frères et Compagnie Le Lion SA v Promalvin SA and AGE Bodegas Unidas SA
('Rioja 1')
[1992] ECR I-3669.
46
BOE No 85 of 9 April 1991, p. 10675.
