Protection of the name "Parmigiano Reggiano": Commission takes Germany to court

The European Commission has decided to refer Germany to the European Court of Justice for incorrectly applying EU legislation on the protection of protected designations of origin (PDO) to the name 'Parmigiano Reggiano'. Germany does not guarantee the full protection of this PDO on its territory. The use of this designation, registered at European Union level since 1996, is de jure reserved exclusively for producers of a delimited Italian territory who produce this cheese according to a mandatory specification.

According to European legislation on Protected Designations of Origin (PDO) and Protected Geographical Indications (PGI)[1] Member States must protect the protected designations against any misappropriation, imitation or evocation, even where the true origin of the product is indicated or if it is a translation of the valued designation. This also applies to the designation "Parmigiano Reggiano", which has been registered since 1996[2].

Meanwhile, in Germany, cheese that does not meet the specification for the name 'Parmigiano Reggiano' continues to be marketed under the name 'Parmesan', although the latter is, in the Commission's eyes, a translation borrowed from French of the name 'Parmigiano Reggiano'. This is evidenced by a number of reference works dating from 1516 to the present day, as well as other elements that demonstrate the indissoluble link between the two designations.

The Commission sent the German authorities a letter of formal notice in October 2003, thereby initiating infringement proceedings. In its reply of December 2003, Germany had not committed itself to comply with the Community legislation on PDOs and PGIs in relation to the product in question. In April, the Commission sent a reasoned opinion (see IP/04/474) asking Germany to take the necessary measures to comply with the opinion within two months. In its reply, Germany insisted that 'Parmesan' was generic and could not be considered a translation of 'Parmigiano Reggiano'. The Commission is therefore appealing to the European Court of Justice in this matter.

If the Court finds that there has been a breach of contract, Germany will be asked to take the necessary measures to fulfill its obligations. If it fails to do so, Article 228 of the EC Treaty empowers the Commission to take action against a Member State that is not complying with a judgment of the European Court of Justice. The Commission can then again send a first warning letter ('request for comments'), followed by a second and final warning letter ('reasoned opinion'). According to that article, the Commission can also request the Court of Justice to impose a fine on the Member State.

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[1] Regulation (EC) No. 2081/92 of July 14, 1992 – Official Journal L 208 of July 24.7.1992, 1 p.XNUMX.

[2] Regulation (EC) No. 1107/96 of June 21, 1996 – Official Journal L 148 of June 21.6.1996, 1 p.XNUMX.

Source: Brussels [eu]