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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

of October 25, 2005 on FETA cheese.

8 June 2006

Susie Stærk Ekstrand, Lawyer Lett Law Firm, Copenhagen - Denmark

The Decision of the European Court of Justice on FETA cheese

The cronologyEnd of transition period for using the denomination - 14 October 2007-

Court 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 -

8 June 2006

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

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.

8 June 2006

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)

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

8 June 2006

- I.e. it is not a Greek word

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.

8 June 2006

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.

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

8 June 2006

– 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

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

8 June 2006

• That labels have been used which associated with Greece

• =>the situation in Denmark, Germany and Greece is notimportant

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

8 June 2006

• That labels have been used which associated with Greece

• =>the situation in Denmark, Germany and Greece is notimportant

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

8 June 2006

wanted to add feta on a list of generic terms in 1996

together with edam, gouda, emmental, camembert,

brie and cheddar?

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

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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

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?

8 June 2006

The Court has made no comments on this

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.

8 June 2006

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?

The Decision of the European Court of Justice on FETA cheese

Considerations for Trademark Owners

• The scope of protection is wide

8 June 2006

• 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

The Decision of the European Court of Justice on FETA cheese

8 June 2006