EU Advocate General: Hei Denmark : Say cheese! but don't say Feta!

Advocates-General (AG) at EU Court of Justice give guidance and advice to the Court in upcoming Court decisions. Sometimes the Court follows, sometimes it rejects the opinions of AG’s. On March 17, 2022 AG ?apete rendered her (non-binding) conclusion in the FETA-dispute between Denmark and the European Commission.

?Denmark has an important dairy industry producing a cheese out of (mainly cow) milk which is sold under the name FETA, contrary to the traditional Greek/Cypriotic sheep cheese of the same name.

Since 2002, ‘Feta’ is registered as a protected designation of origin (‘PDO’) under EU law. It is protected as stipulated in the Regulation (EU) No?1151/2012 on Protection of designations of origin and geographical indications (hereafter : “The Regulation”)

?The AG reasons that the Regulation does not contain a provision which expressly indicates that it applies to exports to third countries. Consequently, it is not obvious whether it can be interpreted as applicable to such exports or not.

?Like the European Commission the AG is of the opinion that The Regulation also applies to products produced in the Member States, but intended for export to third countries.

?The Regulation obliges Member States to take the necessary measures to prevent or stop the unlawful use of registered PDOs on their territory.

The AG declares that, by failing to prevent or stop the use by Danish producers of the registered name ‘Feta’ for cheese intended for export to third countries, Denmark has failed to fulfil its obligations the Regulation.

It is as if the AG says: "Hei Denmark : Say Cheese! but don't say Feta!"?

source: https://curia.europa.eu/juris/document/document.jsf?docid=256041&mode=lst&pageIndex=1&dir=&occ=first&part=1&text=&doclang=EN&cid=450903

#iplaw #geographicalindications #lxa