Brussels, 02/07/2009 (Agence Europe) - In a judgment handed down on 2 July, the Court of Justice of the European Communities ruled, in a case brought by an association of German brewers from the Bavaria region (case C-343/07), that the second largest Dutch brewer, Bavaria NV, could keep its name. However, while the Bavarian brewers can do nothing against the registration of the name “Bavaria”, the Court upheld their exclusive right to use the expression “Bayerisches Bier”, which has been registered since 2001 as a protected geographical indication (PGI). Dutch beer producer Bavaria owns several beers whose names contain the word “Bavaria”, and which have been registered since 1947. The Court ruled, firstly, that the PGI registration was valid and could not be challenged on behalf of a name registered previously by the Dutch brewer. The ruling says that it is possible for a name and a PGI to co-exist, despite the risk of confusion among consumers. It will be for the Italian court to reach a decision on this point; the case was referred to it by Bayerischer Brauerbund against Bavaria subsidiary Bavaria Italia. (C.D./transl.rt)