Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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European Commission - Fact Sheet, 25 January 2018
In its monthly package of infringement decisions, the European Commission ('Commission') is pursuing legal action against Member States for failing to comply with their obligations under EU law. These decisions, covering various sectors and EU policy areas, aim to ensure the proper application of EU law for the benefit of citizens and businesses.
The key decisions taken by the Commission are presented below and grouped by policy area. The Commission is also closing 86 cases in which the issues with the Member States concerned have been solved without the Commission needing to pursue the procedure further.
For more information on the EU infringement procedure, see the full MEMO/12/12. For more detail on all decisions taken, consult the infringement decisions' register.
The following are two items taken from the Fact Sheet:
Letters of formal notice
Geographical indications: Commission calls on BULGARIA to cancel national framework on geographical indications
The Commission decided to send a letter of formal notice to Bulgaria regarding its Trademark and Geographical Indication Act of 1 September 1999. The Commission takes the view that a national protection of geographical indications is not compatible with EU rules on quality schemes for agricultural products and foodstuffs (Regulation (EU) No 1151/2012). EU regulation, according to a consistent case law - C-478/07 (Budvar, 2009) and C-56/16/P (EUIPO v Instituto dos Vinhos do Douro e do Porto, 2017) - provides for a uniform and exhaustive system of protection for geographical indications falling within its scope. Bulgaria should have put an end to this national registration system from the date of the accession to the EU in 2007 and could only have protected existing national geographical indications for 12 months after the date of accession if an application at EU level had been done during this limited period. Bulgaria has two months to reply to the arguments raised by the Commission; otherwise, the Commission may decide to send a reasoned opinion.
Geographical indications: Commission requests DENMARK to enforce protection of the protected designation of origin "Feta"
The Commission decided to send a letter of formal notice to Denmark regarding the alleged failure of the Danish authorities to adequately fulfil its obligations under the Regulation on quality schemes for agricultural products and foodstuffs (Regulation (EU) No 1151/2012). The Commission is of the opinion that the unlawful use of the registered Protected Designation of Origin (PDO) "Feta" occurs in Denmark, where some companies - which produce or import white cheese - export it to third countries with a misleading 'Feta' labelling. 'Feta' is a registered PDO since 2002. Article 13 of the EU Regulation protects registered names against several types of misuse. These include the direct or indirect commercial use of the registered name for products which are comparable to those registered under that name, or alternatively use aimed at exploiting the reputation of the name.
