Geography Reference
In-Depth Information
referred to must present homogeneous natural factors which distinguish it from
the areas adjoining it. 64
3.90
Applying these criteria the ECJ noted that the Commission had based its
decision on the Greek legislation governing the matter, 65 Art 1 of Ministerial
Order No 313025/1994 of 11 January 1994 recognising the PDO of feta
cheese, which required that the milk used for the manufacture of 'FETA' must
come exclusively from the regions of Macedonia, Thrace, Epirus, Thessaly,
Central Greece, Peloponnese and the department ( Nomos ) of Lesbos and which
excluded the island of Crete and the archipelagos of Sporades, the Cyclades, the
Dodecanese Islands and the Ionian Islands. According to the information
submitted to the Court, the geographical area was defined by reference, inter
alia, to geomorphology (mountainous or semi-mountainous nature of the
terrain); climate (mild winters, hot summers and a great deal of sunshine); and
to botanical characteristics (the typical vegetation of the Balkan medium
mountain range). The Court took this into account in deciding that the area in
question in the case was not determined in an artificial manner. 66
3.91
On the question of whether 'FETA' had become generic, the Court noted that it
was common ground that white cheeses soaked in brine have been produced for
a long time, not only in Greece but in various countries in the Balkans and the
southeast of the Mediterranean basin, but that in those countries those cheeses
are known under other names than 'FETA'.
3.92
Although the Court observed that the production of cheese under the name
'FETA' was quite large and of substantial duration in other countries such as
Denmark and Germany, the Court took note of the Scientific Committee that
the production and consumption of this cheese has remained concentrated in
Greece. 67 The information provided to the Court indicated that the majority of
consumers in Greece considered that the name 'FETA' carries a geographical
and not a generic connotation, whereas in Denmark the majority of consumers
believed the name to be generic. 68 However, the evidence adduced to the Court
of usage in Member States other than Greece was that feta was commonly
marketed with labels referring to Greek cultural traditions and civilisation, from
which the Court said that it was legitimate to infer that consumers in those
64
[2005] EUECJ C-465/02 at para 50.
65
Article 1 of Ministerial Order No 313025/1994 of 11 January 1994 recognising the PDO of feta cheese.
66
Ibid, at para 58.
67
Ibid, at paras 83-5.
68
Ibid, at para 86.
 
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