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Germany and Denmark v. Commission
European Court of Justice
2006 E.T.M.R. 200 (2005)
Article 2(1) of European Economic Community (EEC) Council Regulation 2081/92 protected geographic designations of particular food products. Article 2(3) extended these protections to names that were not specifically geographic but nonetheless denoted traditional foods associated with certain regions. Article 3(1) of that regulation specified that names that had become generic could not gain protection under Article 2(1)–(3). The Federal Republic of Germany and the Kingdom of Denmark applied with the European Court of Justice to have the regulation annulled as to the status of feta cheese, a type of cheese from Greece. By the time of the suit, feta cheese had been lawfully sold outside of Greece in Denmark, Germany, and France.
Rule of Law
Holding and Reasoning (Per curiam)
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