Luxembourg, 13/06/2005 (Agence Europe) - The Commission's case against Germany for failure to respect the appellation " Parmigiano Reggiano", which has taken several months to arrive at the Court of Justice, promises to be important, due to the number of Member States who may take part in support of one side or the other. It is also is expected that the German dairy industry will intervene. Another specific characteristic of this case is its appeal to linguists, as the versions published in the Official Journal are not identical.
In June 2004, the European Commission decided to take action against Germany, taking the view that by allowing the denomination "parmesan" to be used for German cheese, it was failing to respect the protected designation of origin "Parmigiano Reggiano", registered in 1996 and reserved for producers from a specific geographical region in Italy (EUROPE 8745). The reasoned opinion, the final stage before the case is brought before the court, was sent in April 2004, giving Germany two months to come into line with the Commission's requests. It took some time to launch the trial; although it was decided upon in June 2004, it did not reach clerks' office of the Court until 21 March. It was then published in the Official Journal of 28th May. What was unusual about this publication is that the text differed between the French version and the others. Only people proficient in several languages could have a complete overview of the facts of the case. The French version stated that the Commission's argument was that the 1992 regulation on the protected designations of origin clearly states that Germany, like all the other Member States, has a duty to protect this designation and to ban the marketing of "Parmesan". This version also refers to Germany's response that the Court should not penalise German producers, as German law on fair competition allows Italian producers of Parmigiano to bring cases before German courts. This version also refers to Germany's formal refusal to ban the use of the appellation "Parmesan" on its territory. The other version stresses the fact that "Parmigiano" has been included in reference books as far back as 1516 and that the name "Parmesan"- a translation inspired by the French language- and "Parmigiano" are synonyms which are both protected. It also indicates, but more succinctly, that according to the Commission, the German authorities "are obliged to prohibit on their own motion".