Brussels, 12/02/2007 (Agence Europe) - At a hearing on Tuesday 13 February, the European Court of Justice is due to decide the date on which the Advocate General will deliver his conclusions in the “Parmesan” case which the European Commission has taken against Germany. On 9 July 2004, the European Commission decided to take Germany to the Court of Justice for failing to implement the European legislation on protected designations of origin (PDO) and protected geographical indications (PGI). The Commission says the German government wrongly allowed the PDO “parmesan” to be used for cheeses produced in Germany, when this term is the exact translation of the protected designation, “Parmigiano Reggiano”, which, since 1996 has been used only by producers from a set geographical area in Italy. The matter only came to the Court on 21 March 2005 and was then published in the Official Journal of 29 May 2005 (see EUROPE 8967). The Court ruling is expected before the end of 2007.
The Consortium of Parmesan Cheese Producers (“Consorzio del Formaggio Parmigiano Reggiano”) said in a press release published on Friday 9 February, that it was working intensely, but with optimism, to prepare for this final step in the procedure. The organisation is confident because, in 2002, the Court of Justice rejected the argument put forward by Germany that the designation “parmesan” had become generic (case 66/00 of 25 June 2002). The Court also said that, apart from the German and, to a lesser extent, Austrian governments, all the other governments which had submitted observations, and the Commission, had highlighted that the French designation “parmesan” was the correct translation of the protected designation of origin Parmigiano Reggiano. The Consortium thanked the Commission “for the protection of the PDO 'parmesan'” and was grateful, too, for the support of the Italian Agriculture Ministry in this case.
Leo Bertozzi, Managing Director of the Consortium, says that European legislation provides for the protection of registered geographical indications when they are translated from the original language into another. Without prejudging the Court's decision, “we hope for a positive ruling that will guarantee the future of the GI system,” Mr Betozzi said, adding that it was essential, too, to protect consumers “against any form of misleading advertising”. The Consortium said that it had persuaded several companies in Austria, Belgium, the United Kingdom, France, Spain, Lithuania and Slovenia to stop using the denomination “parmesan”. Only a few German companies continue to label their products as “parmesan” or even “Parmigiano”. The Consortium says it has just launched legal action against one of the biggest German producers of hard cheese which is abusing the denomination “parmesan”. (lc)