Geography Reference
In-Depth Information
(b) 'GRANA PADANO'
Case C-469/00
47
concerned the PDO 'GRANA PADANO', which was
registered for 'Cheeses'. This registration was subject to the condition that the
grating of the cheese be carried out in the region of production and packaging.
The defendant imported, grated, pre-packaged and distributed 'GRANA
PADANO' cheese in France, marketing it under the designation 'Grana
Padano râpé frais'. Two Italian cheese producers brought an action against the
defendant in the Tribunal de commerce de Marseille seeking an injunction and
damages. The Tribunal granted both applications and on appeal the Cour
d'appel d'Aix-en-Provence upheld the judgment, stating that the acts of unfair
competition were sufficiently made out by the marketing in France since 1992
of 'GRANA PADANO' cheese in grated form. The Cour de cassation, to
which the defendant appealed, sought a ruling from the ECJ as to whether Art
29 [EC] was to be interpreted as precluding national legislation reserving the
'GRANA PADANO' designation of origin for cheese grated in the region of
production, in so far as such an obligation is not indispensable for preserving
the specific characteristics which the product has acquired.
3.56
(c) 'PROSCIUTTO DI PARMA'
Case C-108/01
48
concerned the Italian Legge No 26, tutela della denominazi-
one di origine 'PROSCIUTTO DI PARMA' (Law No 26 on protection of the
designation of origin 'Prosciutto di Parma') of 13 February 1990, which
reserved the designation 'PROSCIUTTO DI PARMA' ('Parma ham') exclu-
sively to ham marked with a distinguishing mark allowing it to be identified at
any time, obtained from fresh legs of pigs raised and slaughtered in mainland
Italy, produced in accordance with provisions laid down in the law. Article 25 of
Decreto No 253, regolamento di esecuzione della legge 13 febbraio 1990, No 26
(Decree No 253 implementing Law No 26 of 13 February 1990) of 15 February
1993 prescribed that the slicing and packaging of Parma ham must take place at
plants in the typical production area which are approved by the Consorzio,
responsible for monitoring Parma ham production. 'PROSCIUTTO DI
PARMA' was registered as a PDO under Regulation No 1107/96, under the
heading 'Meat-based products'. The Consorzio was registered as an inspection
body for the PDO under Art 10(2) of Regulation No 2081/92.
3.57
Asda Stores Ltd, which operated a chain of supermarkets in the UK, purchased
pre-sliced ham bearing the description 'Parma ham' from Hygrade Foods Ltd,
which itself purchased the ham boned but not sliced from an Italian producer
3.58
47
Ravil SARL v Bellon Import SARL
[2003] ECR I-5053; [2004] ETMR 22.
48
Consorzio del Prosciutto di Parma and Salumificio S. Rita SpA v Asda Stores Ltd and Hygrade Foods Ltd
[2003]
EUECJ C-108.
