The Decision of the European Court of Justice on FETA cheese
The Decision of the European Court of Justice of October 25, 2005 on FETA cheese.
8 June 2006 Susie Stærk Ekstrand, Lawyer Lett Law Firm, Copenhagen - Denmark
8 June 2006
The Decision of the European Court of Justice on FETA cheese
The cronology End of transition period for using the denomination - 14 October 2007Court decision in favour of Greece – 10 / 2005 D and DK took legal action in Luxembourg against the Commission – 12 / 2002 The Commission protect “feta” again as Greek PDO – 11 / 2002 Court decision in favour of F, DK and D 3 / 1999 Legal action against the Commission in Luxembourg (D, F & DK) – 1996 The Commission protect “feta” as Greek PDO – 1996 Greek court case transferred to Luxembourg – 1995 Greek PDO for feta – 1994 Regulation 2081/92 came into force – 1993 Regulation 2081/92 adopted – 1992 - 1991 - Danish feta seized by Greek authorities – court case in Athens - 1987 – First regulation of feta in Greece - 1982 – Administrative barriers to trade in Greece against imported feta - 1981 – Greece member of the EU - 1975 - Feta regulated in the EU - 1965 – Export to Greece of feta began - 1963 – Introduction of feta standard in Danish order - 1930ties Feta production in DK
8 June 2006
The Decision of the European Court of Justice on FETA cheese
The ECJ’s ruling on 25 October 2005 in the second feta case, joined cases C-465/02 and C-466/02 ”It follows from the foregoing that several relevant and important factors indicate that the term has not become generic. In the light of the foregoing, the Court finds that the Commission could lawfully decide in the contested regulation that the term ”feta” had not become generic within the meaning of Article 3 of the basic regulation” (Recitals 99 and 100)
8 June 2006
The Decision of the European Court of Justice on FETA cheese
What were these ”relevant and important factors”?
“feta” stems from the Italian word “fetta” meaning slice
- I.e. it is not a Greek word
8 June 2006
The Decision of the European Court of Justice on FETA cheese
What were these ”relevant and important factors”? Greece did not have any legislation reserving the name “feta” for cheeses produced from ewes and goats milk of local breeds reared traditionally until 1988. In fact, cheese from other member countries made from cows milk, could be lawfully marketed even in Greece, at least until 1988.
8 June 2006
The Decision of the European Court of Justice on FETA cheese
What were these ”relevant and important factors”? The situation in other member countries •
Denmark – cheese has been produced and named feta since 1930 and legislation has existed since 1963
•
Germany – cheese has been produced and named feta since 1972
•
France – cheese has been produced and named feta since 1931
8 June 2006
The Decision of the European Court of Justice on FETA cheese
What were these ”relevant and important factors”? The Court state, however, that •
The consumption is larger in Greece
•
That labels have been used which associated with Greece
•
=>the situation in Denmark, Germany and Greece is not important
8 June 2006
The Decision of the European Court of Justice on FETA cheese
8 June 2006
The Decision of the European Court of Justice on FETA cheese
What were these ”relevant and important factors”? The Court state, however, that •
The consumption is larger in Greece
•
That labels have been used which associated with Greece
•
=>the situation in Denmark, Germany and Greece is not important
8 June 2006
The Decision of the European Court of Justice on FETA cheese
What were these ”relevant and important factors”
…and what about the fact that 9 member states wanted to add feta on a list of generic terms in 1996 together with edam, gouda, emmental, camembert, brie and cheddar?
8 June 2006
The Decision of the European Court of Justice on FETA cheese
What were these ”relevant and important factors” …or the fact that “feta” was mentioned several places in Community legislation and the fact that the Commission itself previously had stated that “feta describes a type of cheese and is not a designation of origin”? The Court stated that this is not important as the Community legislation mentioning feta is not intended to regulate industrial property rights and that the Commission’s previous statement was before the Greek legislation on feta and the Community legislation on PGI’s and PDO’s
8 June 2006
The Decision of the European Court of Justice on FETA cheese
What were these ”relevant and important factors”
…or the fact that feta is used as a generic term outside the EU? The Court has made no comments on this
8 June 2006
The Decision of the European Court of Justice on FETA cheese
Where does this leave us today? It is very difficult to imagine what should be put forward to indicate that a term is generic. I.e. the scope of protection as a PDO or PGI in the EU is very wide. What about “spaghetti”, “macaroni”, “pizza”, “vodka” and “ pilsner”? Would these names be considered generic and therefore not be protect able?
8 June 2006
The Decision of the European Court of Justice on FETA cheese
Considerations for Trademark Owners
• The scope of protection is wide • With a new EU legislation coming into force in March 2006, it is getting more difficult for trademark owners to uphold their trademarks when a PDO/PGI is registered • GI’s is cheaper to operate compared to trademarks
8 June 2006
The Decision of the European Court of Justice on FETA cheese
8 June 2006
