Figurative signs can “evoke” a registered name. No exception for producers of the products concerned established in the regio. Presumed consumer reaction based on sufficiently direct and clear link. Relevant consumers are European consumers, including consumers of the place where the product is made or consumed consumption.
Geographical Indications: For the concept ‘evocation’ in Article 16(b) regulation ‘Protection geographical indications’ it is required to refer to the perception of the average consumer who is reasonably well informed and reasonably observant. For a judgment to whether there is an ‘evocation’ the referring court must take into consideration the phonetic and visual relationship between those names and any evidence that may show that such a relation is not fortuitous. Even in the absence of any likelihood of confusion, ‘evocation’ of a name referred to in Annex III to regulation ‘Protection geographical indications’ is not allowed.
IPPT20140508, CJEU, Salame Felino
Council Regulation on the protection of geographical indications and designations of agricultural products and foodstuffs does not preclude additional national protection regulations, if these regulations do not undermine the objectives pursued by the principles of Regulation No 2081/92 and the principle of free movement of goods.
IPPT20140508, CJEU, Assica
Council Regulation on the protection of geographical indications and designations of agricultural products and foodstuffs: does not preclude additional national protection regulations, if these regulations do not undermine the objectives pursued by the principles of Regulation No 2081/92 and the principle of free movement of goods
IPPT20140213, CJEU, Hungary v European Commission
Actionable measures: any measures adopted by the institutions of the European Union which are intended to have binding legal effects, are actionable measures (article 263 TFEU). Automatic registration: automatic registration by European Commission of already protected wine names in E-Bacchusdatabase does not establish binding legal effects and thus is not subject to appeal.
The condition of slicing and packaging in the region of production, whose aim is to preserve the reputation of Parma ham by strengthening control over its particular characteristics and its quality, may be regarded as justified as a measure protecting the PDO which may be used by all the operators concerned and is of decisive importance to them.
Obligation to bottle Rioja-wine in production area constitutes a justified requirement