GEOGRAPHICAL INDICATIONS | The ECJ on the assessment of the Commission of GI applications for foodstuffs

On 4 October 2024, the Court of Justice of the European Union (ECJ) issued its decision in Case C-579/23 P concerning the European Commission’s assessment of applications for geographical indications (GIs) for foodstuffs and agricultural products during the registration procedure set forth under the then Regulation (EU) No. 1151/2012 on Quality Schemes (now repealed and replaced by Regulation (EU) No. 2024/1143). The case was an appeal against decision T-34/22, rendered on 12 July 2023. The case concerned three applications for protected geographical indications: Jambon sec de l’Île de Beauté, Lonzo de l’Île de Beauté, and Coppa de l’Île de Beauté (the “Applications”). After passing the national registration phase, the Applications were re-examined and rejected by the European Commission on the grounds that they evoked three other GIs registered as protected designations of origin. The ECJ confirmed the European Commission’s power to re-examine applications that have already passed the national registration phase. Furthermore, the ECJ confirmed that GI applications may be rejected if they evoke an earlier registered GI. This decision is of paramount importance, as it affirms the Commission’s authority to overturn decisions made by national authorities regarding GI registrations. The principles established in this decision are also relevant for the recently enacted Regulation (EU) No. 2024/1143, as it provides a registration procedure similar to that outlined under the previous Regulation (EU) No. 1151/2012.

Newsletter n. 102 – December 2024