Commission of the European Communities v. Germany

2008 E.T.M.R. 32 (2008)

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Commission of the European Communities v. Germany

European Court of Justice
2008 E.T.M.R. 32 (2008)

  • Written by Wesley Bernhardt , JD

Facts

Parmigiano Reggiano was a protected designation of origin (PDO) referencing a type of cheese made in Italy. The English translation of “Parmigiano” is “Parmesan.” Some non-Italian entities began marketing cheese using the name “Parmesan” and used geographic references to Italy in their marketing. Under Article 13(1)(b) of European Union Regulation 208/92, European Union member states were required to protect PDOs within their borders. The Commission of the European Communities (plaintiff) (the commission) alleged that Germany (defendant) failed to uphold its obligations under Article 13 by refusing to initiate proceedings against entities using the “Parmesan” label.

Rule of Law

Issue

Holding and Reasoning ()

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Casebooks

Intellectual Property

Key Terms

  • Protected Designation of OriginA labeling requirement that is recognized by international trade rules to recognize certain items with special characteristics related to a specific location or region.

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