The Court of Justice of the EU ruled on 17 December that European Regulations 510/2006 and 1151/2012 covering Protected Designations of Origin (PDOs) not only prohibit the use of the name, but also potentially prohibit the reproduction of the shape or appearance of the product.
In Franche-Comté (France), the Société Fromagère du Livradois SAS has been making Morbier cheese since 1979. But it may soon be legally prevented from doing so. As the cheese dairy is not located in the geographical area reserved for the ‘Morbier’ appellation, it cannot use the name ‘Morbier’. It therefore sells its product under the name “Montboissié du Haut Livradois”. For the Syndicat Interprofessionnel de Défense du Morbier, this is not enough. The horizontal central black stripe on the cheese may mislead the consumer as to the origin of the product.
After being rejected in France at the General Court and then at the Court of Appeal, the union turned to the Court of Cassation, which in turn referred the matter to the EU Court of Justice in 2019. The question is whether, beyond the name given to a PDO, a similar appearance may mislead the consumer.
The CJEU ruled that EU law prohibits the reproduction of the shape or appearance of the product protected by a PDO in certain circumstances. It adds that it is necessary to determine whether the element or elements in question constitute a reference characteristic which may de facto mislead the consumer as to the origin of the product. This is the case for Morbier, since its ashy stripe is the flagship characteristic of the product.
Other European PDOs could be affected. Cases of imitation had already been brought before the CJEU, which ruled that a name similar to the designation (Gorgonzola/Cambozola) could mislead consumers and was therefore prohibited by the PDO Regulation. (Original version in French by Léa Marchal)