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established in a Member State, the application shall be addressed to the
authorities of that Member State.
16. Member State scrutiny of opposition
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Article 49(2) requires that the Member State shall scrutinise the application by
appropriate means in order to check that it is justified and meets the conditions
of the respective scheme.
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Article 49(3) provides that as part of the scrutiny referred to in the second
subparagraph of Art 49(2), the Member State shall initiate a national opposi-
tion procedure that ensures adequate publication of the application and that
provides for a reasonable period within which any natural or legal person having
a legitimate interest and established or resident on its territory may lodge an
opposition to the application.
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As mentioned above, the Member State shall examine the admissibility of
oppositions received under the scheme set out in Title II (PDOs and PGIs) in
the light of the criteria referred to in Art 10(1), or the admissibility of
oppositions received under the scheme set out in Title III (TSGs) in the light of
the criteria referred to in Art 21(1).
17. Member State notification of opposition to the Commission
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Article 49(4) provides that if, after assessment of any opposition received, the
Member State considers that the requirements of this Regulation are met, it
may take a favourable decision and lodge an application dossier with the
Commission. It shall in such case inform the Commission of admissible
oppositions received from a natural or legal person that has legally marketed the
products in question, using the names concerned, continuously for at least five
years preceding the date of the publication referred to in Art 49(3).
18. Publication of opposition by Member State
3.340
Article 49(4) provides that the Member State shall ensure that its favourable
decision is made public and that any natural or legal person having a legitimate
interest has an opportunity to appeal.
