Geography Reference
In-Depth Information
3.167
In Case T-215/00
114
the applicant producer of duck-based products objected to
the application on 5 May 1999 by the French government of the registration as
a PGI of the name 'CANARD À FOIE GRAS DU SUD-OUEST', from the
Association pour la défense du palmipède du Sud-Ouest. The applicant in this
case objected that the procedure for registering canard à foie gras du Sud-Ouest
as a PGI had not been adequately publicised at national level and that the
specifications accompanying the application for registration had nothing to do
with the protection of geographical origin, particularly the requirements relat-
ing to the maximum production capacity of the structures for rearing and
force-feeding ducks for foie gras and maintained that those requirements had
very serious consequences for health, hygiene and safety in the traditional small
units of production.
3.168
The applicant's annual production of ducks was in excess of the limits pre-
scribed in the French regulation and it was therefore precluded from marketing
the products obtained from its ducks under the name in question. The Court
ruled that this economic impact was not relevant to the validity of the PGI.
1.
Infringement actions
3.169
As a matter of general practice, infringement actions in relation to GIs concern
either: (a) wrongful use of a PGI or a PDO, in breach of Art 13(1)(a) of the
Regulation, in which case an action will be brought by the entity responsible for
preserving the integrity of the geographical indication; or (b) in relation to a
misleading use of a PGI or a PDO, in breach of Art 13(1)(b), (c) or (d) of the
Regulation
3.170
In Cases C-129/97 and C-130/97 the ECJ was requested by the Tribunal de
Grande Instance, Dijon, France, for a preliminary ruling in the criminal
proceedings pending before that court concerning, inter alia, whether an action
lay against an undertaking which used part of a compound PDO. French
legislation had provided for the registration of 'ÉPOISSES DE BOUR-
GOGNE' as a PDO. Two enterprises were prosecuted under this legislation for
using the name 'Époisses' for their cheeses. In response to a question from the
Tribunal de Grande Instance, the ECJ ruled that in relation to a compound
designation of origin, the absence of a footnote in the relevant regulation
specifying that registration was not sought for one of the parts of that
designation did not necessarily mean that each of its parts was protected.
114
La Conqueste SCEA v The Commission of the EC
, Case T-215/00 [2002] ECR I-1179.
